Paravue Corporation v. Heller Ehrman LLP

Filing 16

ORDER by Judge Charles R. Breyer granting 10 Motion to Strike (crblc2, COURT STAFF) (Filed on 12/2/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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PARAVUE CORPORATION,
Appellant,

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No. 3:14-cv-03887-CRB
ORDER GRANTING APPELLEE’S
MOTION TO STRIKE PORTIONS OF
THE RECORD ON APPEAL

v.
IN RE: HELLER EHRMAN LLP,
Appellee.

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Now before this Court is appellee Heller Ehrman LLP’s motion to strike portions of

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the record on appeal. Mtn. Strike (Dkt. 10). Appellee seeks an order striking from the record

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on appeal the motion for reconsideration and supporting documents filed by appellant

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Paravue Corporation in the bankruptcy court after the bankruptcy court granted Heller

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Ehrman’s motions for summary judgment. Id. at 2. The bankruptcy court entered judgment

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in Heller Ehrman’s favor on July 21, 2014. Id. at 2-3. Paravue filed a motion for

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reconsideration on August 21, 2014, and a notice of appeal challenging the same orders the

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following day. Id. at 3. Heller filed an objection to Paravue’s motion for reconsideration,

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arguing among other things that the bankruptcy court lacked jurisdiction to grant

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reconsideration since Paravue appealed from the challenged orders the day after filing its

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motion. Id. at 3. Paravue response conceded that its notice of appeal divested the

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bankruptcy court of jurisdiction to grant reconsideration and requested that the court deny the

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requested relief on that ground, which the bankruptcy court did on October 24, 2014. Id. In

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the interim, on September 5, 2014, Paravue filed its designation of the record on appeal and

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included therein the documents it filed in support of its motion for reconsideration. Id.
This Court sits as an appeals court in its review of the bankruptcy court’s final

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judgments, orders, and decrees. 28 U.S.C. § 158(a). The bankruptcy court denied Paravue’s

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motion for reconsideration for lack of jurisdiction, not on the merits, and expressed “no

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opinion” as to whether the documents submitted with the motion for reconsideration “should

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be considered by any other court on appeal.” See Order Denying Mot. Reconsid. Ex. D. at 1.

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Here, Paravue appeals the bankruptcy court’s grant of summary judgment in favor of Heller

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United States District Court
For the Northern District of California

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Ehrman, an order that the bankruptcy court entered without considering the documents later

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submitted with the motion for reconsideration. See In re Nat’l Century Fin. Enter., Inc., 334

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B.R. 907 (S.D. Ohio 2005); see also Kirshner v. Uniden Corp. of Am., 842 F.2d 1074, 1077-

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78 (9th Cir. 1988). Accordingly, the challenged documents are STRICKEN from the record

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on appeal and appellee’s motion to strike is thereby GRANTED.

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IT IS SO ORDERED.

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Dated: December 2, 2014
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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