Kripalani v. Wells Fargo N.A.

Filing 15

ORDER DENYING WITHOUT PREJUDICE APPELLANT'S REQUEST FOR STAY PENDING APPEAL; VACATING OCTOBER 18, 2013 HEARING. Signed by Judge Maxine M. Chesney on October 15, 2013. (mmclc1, COURT STAFF) (Filed on 10/15/2013)

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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-13-3624 MMC

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In re

Bankruptcy Case No. 13-30374

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KISHORE KRIPALANI,

ORDER DENYING WITHOUT
PREJUDICE APPELLANT’S REQUEST
FOR STAY PENDING APPEAL;
VACATING OCTOBER 18, 2013
HEARING

Debtor

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/

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By order filed October 7, 2013, the Court directed appellant Kishore Kripalani

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(“Kripalani”) to show cause why his request for a stay pending appeal should not be denied

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for failure to comply with Rule 8005 of the Federal Rules of Bankruptcy Procedure, i.e., for

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failing to first seek a stay from the bankruptcy court.
Before the Court is Kripalani’s response, filed October 11, 2013, wherein he states

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he will seek a stay from the bankruptcy court, and requests this Court grant him a

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temporary stay in the interim.
Kripalani cites no authority for such temporary interim relief. In any event, a review

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of the bankruptcy court’s docket indicates that Kripalani, on October 14, 2013, filed with the

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bankruptcy court both a request for a stay and a request that the matter be heard on

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shortened time and prior to the upcoming Superior Court proceedings of concern to him.

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//

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Accordingly, for the reasons stated in the Court’s order to show cause, the request

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for a stay filed in this Court is hereby DENIED without prejudice to the bankruptcy court’s

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consideration of the matter presently pending in that forum.

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In light of the above, the hearing scheduled for October 18, 2013 is hereby
VACATED.
IT IS SO ORDERED.

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Dated: October 15, 2013
MAXINE M. CHESNEY
United States District Judge

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