Wiggins v. Housley et al

Filing 5

ORDER REOPENING CASE. Signed by Judge Alsup on December 31, 2012. (whalc1, COURT STAFF) (Filed on 12/31/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 12-05430 WHA

DAWN WIGGINS,
Plaintiff,
v.

ORDER REOPENING ACTION

BARBARA HOUSELY, et al.,
Defendants.
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A prior order closed this action on the grounds that it was defective appeal. The action

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was properly transferred, however, from this district’s bankruptcy court under 28 U.S.C. Section

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157(c)(1), which provides that when a bankruptcy court is not empowered to enter a final

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judgment it must transmit its proposed findings and conclusions to the district court for review

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and entry of judgment.

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Accordingly, the order closing the action in Docket Number 3 is VACATED. The Clerk is
directed to REOPEN the action.
In the bankruptcy action, defendant Zephyr did not consent to entry of a final judgment

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by the bankruptcy court. Defendant Zephyr shall file its objections to the judgment of the

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bankruptcy court in a brief not to exceed ten (10) pages in length by JANUARY 17 AT NOON.

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Plaintiff shall file an opposition, if any, in a brief of equal or lesser length by JANUARY 31 AT

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NOON.

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submission and issue an order.

No further reply will be allowed by defendant. The Court will then take the matter under

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IT IS SO ORDERED.

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Dated: December 31, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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