Uecker v. A Very Nice Pool Company, Ltd. et al

Filing 9

ORDER GRANTING MOTION TO CONSOLIDATE FOR PURPOSES OF BRIEFING AND ANY ORAL ARGUMENT 3 (Illston, Susan) (Filed on 3/31/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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In re

Case No. 15-cv-00077-SI

MORTGAGE FUND '08 LLC,
Debtor.
_____________________________________
SUSAN L. UECKER, in her capacity as
Trustee of the Mortgage Fund ’08 Liquidating
Trust,
Appellant,

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Consolidated with 15-cv-251 SI and 15-cv252 SI
ORDER GRANTING MOTION TO
CONSOLIDATE FOR PURPOSES OF
BRIEFING AND ANY ORAL
ARGUMENT
Re: Dkt. No. 3

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v.
A VERY NICE POOL COMPANY, LTD., a
California corporation,
Appellee.

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Appellant Susan Uecker has filed a motion to consolidate this appeal and the related
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appeals in Uecker v. Cianci, Case No.15-cv-0251 SI, and Uecker v. DeMarsh, Case No. 15-cv0252 SI, for purposes of the record on appeal, briefing and for any oral argument. Appellees in
the three cases have filed responses to the motion, and they generally agree that the appeals should
be consolidated.
The parties agree that there should be a single record for all three appeals, with any

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duplicate items omitted, that one case should be designated the lead case and that all papers should

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be filed in the lead case. The parties disagree whether there should be three or four briefs. The

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Court will adopt the appellees’ proposed briefing schedule to allow the appellee in DeMarsh the

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opportunity to file a separate brief.

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Accordingly, the Court GRANTS the motion and orders that there should be a single

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record for all three appeals, with any duplicate items omitted. The Court designates Uecker v. A

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Very Nice Pool Company, Ltd., Case No.15-cv-0251 SI, as the lead case, and all papers should be

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filed in that case. Upon the completion by the parties of the perfection of the record pursuant to

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BR 8006 and 8007, the Bankruptcy Court will transmit a copy of the record on appeal to this

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Court for docketing.

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Appellant shall file a single opening brief applicable to all three cases. The appellant must

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serve and file the opening brief not exceeding 35 pages in length 28 days after the record on

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appeal has been entered on the District Court docket.

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United States District Court
Northern District of California

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The DeMarsh appellee shall file an opposition brief and the Very Nice Pool and Cianci
appellees shall file a separate consolidated opposition brief. The appellees must serve and file
briefs not exceeding 25 pages in length 21 days after service of the opening brief.
Appellant shall file a single reply brief. Appellant must serve and file the reply brief not
exceeding 20 pages in length 14 days after service of the appellees’ briefs. Upon completion of
the briefing, the Court will set a date for oral argument if needed; otherwise the matters will be
deemed submitted for decision.

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IT IS SO ORDERED.
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Dated: March 31, 2015

________________________
SUSAN ILLSTON
United States District Judge

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