Class B Limited Partner Committee et al v. GFI Commercial Mortgage L.P. et al

Filing 19

ORDER DENYING AS MOOT APPELLANT'S MOTIONS TO WITHDRAW REFERENCE AND TO EXTEND TIME 1 11 (Illston, Susan) (Filed on 11/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 12-03956 SI
IN RE GFI COMMERCIAL MORTGAGE, LLP,

United States District Court
For the Northern District of California

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Debtor.

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/

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ORDER DENYING AS MOOT
APPELLANT’S MOTIONS TO
WITHDRAW REFERENCE AND TO
EXTEND TIME

CLASS B LIMITED PARTNER COMMITTEE,

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Appellant,

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v.

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MEYERS LAW GROUP, P.C. and MERLE C.
MEYERS,

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Appellees.
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On July 27, 2012, appellant moved to withdraw the reference to the bankruptcy court.
Appellant’s motion – dated May 23, 2012, but filed in this Court over two months later – argues that
this Court should withdraw the reference because of substantial, prejudicial, and unexplained delay on
the part of the bankruptcy court in deciding matters submitted to it on January 27, 2012. However, on
July 20, 2012, the bankruptcy court entered orders on the pending matters that are the subject of
appellant’s motion. See Bankr. Case No: 96-34296-TC, Docket Nos. 694-706. Moreover, the 14-day
stay of Bankruptcy Rule 6004(h) with respect to the July 20, 2012, bankruptcy court orders has since
passed. Accordingly, the Court DISMISSES as MOOT appellant’s motion to withdraw the reference.
On October 5, 2012, appellant filed a motion to extend time to file an opening brief on appeal.

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Appellant seeks to extend time in order to consolidate briefing with a second forthcoming appeal.

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However, during the pendency of the motion, appellant filed its opening brief, appellees filed an

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opposition, and appellant filed a reply. Accordingly, the Court hereby DISMISSES as MOOT

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appellant’s motion to extend time.

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This Order resolves Docket Nos. 1 and 11.

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IT IS SO ORDERED.

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Dated: November 19, 2012
SUSAN ILLSTON
United States District Judge

United States District Court
For the Northern District of California

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