In re: Jacqueline C. Melcher
Filing
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ORDER GRANTING IN PART 8 APPELLANT'S MOTION TO CONSOLIDATE APPEALS by Hon. William Alsup. (whalc2, COURT STAFF) (Filed on 12/27/2016)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JACQUELINE C. MELCHER,
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For the Northern District of California
United States District Court
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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.
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Debtor Jacqueline Melcher filed multiple appeals in connection with her bankruptcy
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(3:16-cv-05851-WHA, 3:16-cv-05852-WHA, 3:16-cv-05853-WHA, 3:16-cv-05982-WHA, and
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3:16-cv-06123-WHA). In yet another action (3:13-cv-04930-WHA), the Trustee’s motion for
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sanctions against debtor is pending. These matters were reassigned to the undersigned
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following Judge Ronald Whyte’s retirement. Following debtor’s motion and the Trustee’s
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consent thereto, the Court previously consolidated appeals 16-5851, 16-5852, and 16-5853,
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with 16-5851 as the lead case for all subsequent filings.
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Debtor has now filed a new motion to consolidate. Her motion lists three matters — 16-
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5982, 16-6123, and 13-4930 — on its cover page, but is “not certain which case numbers
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belong to which fee appeal” (16-5982, Dkt. No. 6 at 5). The motion apparently seeks to
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combine her appeals from the bankruptcy court’s September 26 and September 30 orders (id. at
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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
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Trustee and his attorney’s fees are entwined with the Sanctions Case [and] his attorney’s fees
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and expenses have been appealed which included the Bankruptcy Court’s September 30, 2016
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on [sic] ruling on sanctions” (id. at 4).
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The Trustee does not oppose the consolidation of appeals 16-5982 and 16-6123 (16-
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5982, Dkt. No. 7 at 1). He does, however, oppose the motion as to 13-4930, which remains
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active because of the Trustee’s motion for sanctions against debtor. Debtor failed to timely
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respond to the Trustee’s opposition by December 23.
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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
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For the Northern District of California
United States District Court
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case only. Debtor’s motion to consolidate is DENIED as to 13-4930.
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IT IS SO ORDERED.
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Dated: December 27, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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