In re Jacqueline C. Melcher

Filing 46

ORDER GRANTING IN PART 39 APPELLANT'S MOTION TO CONSOLIDATE APPEALS by Hon. William Alsup. (whalc2, COURT STAFF) (Filed on 12/27/2016)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JACQUELINE C. MELCHER, 11 For the Northern District of California United States District Court 10 12 13 14 15 No. C 16-06123 WHA No. C 16-05982 WHA No. C 13-04930 WHA Appellant, v. ORDER GRANTING IN PART APPELLANT’S MOTION TO CONSOLIDATE APPEALS JOHN W. RICHARDSON, Trustee in Bankruptcy, Appellee. / 16 17 Debtor Jacqueline Melcher filed multiple appeals in connection with her bankruptcy 18 (3:16-cv-05851-WHA, 3:16-cv-05852-WHA, 3:16-cv-05853-WHA, 3:16-cv-05982-WHA, and 19 3:16-cv-06123-WHA). In yet another action (3:13-cv-04930-WHA), the Trustee’s motion for 20 sanctions against debtor is pending. These matters were reassigned to the undersigned 21 following Judge Ronald Whyte’s retirement. Following debtor’s motion and the Trustee’s 22 consent thereto, the Court previously consolidated appeals 16-5851, 16-5852, and 16-5853, 23 with 16-5851 as the lead case for all subsequent filings. 24 Debtor has now filed a new motion to consolidate. Her motion lists three matters — 16- 25 5982, 16-6123, and 13-4930 — on its cover page, but is “not certain which case numbers 26 belong to which fee appeal” (16-5982, Dkt. No. 6 at 5). The motion apparently seeks to 27 combine her appeals from the bankruptcy court’s September 26 and September 30 orders (id. at 28 1). These would correspond to appeals 16-5982 and 16-6123, respectively. And, although it is unclear, the motion also seems to request consolidation of 13-4930 on the basis that “the 1 Trustee and his attorney’s fees are entwined with the Sanctions Case [and] his attorney’s fees 2 and expenses have been appealed which included the Bankruptcy Court’s September 30, 2016 3 on [sic] ruling on sanctions” (id. at 4). 4 The Trustee does not oppose the consolidation of appeals 16-5982 and 16-6123 (16- 5 5982, Dkt. No. 7 at 1). He does, however, oppose the motion as to 13-4930, which remains 6 active because of the Trustee’s motion for sanctions against debtor. Debtor failed to timely 7 respond to the Trustee’s opposition by December 23. 8 9 Debtor’s motion is GRANTED IN PART. Pursuant to FRCP 42, the appeals numbered 165982 and 16-6123 are CONSOLIDATED. 16-5982 shall be the LEAD CASE. 16-6123 is ADMINISTRATIVELY CLOSED. All subsequent filings in this matter must be made in the lead 11 For the Northern District of California United States District Court 10 case only. Debtor’s motion to consolidate is DENIED as to 13-4930. 12 13 IT IS SO ORDERED. 14 15 Dated: December 27, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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