Whitney v. Pacific Thomas Corporation

Filing 15

ORDER DISMISSING APPEAL. Signed by Judge Maxine M. Chesney on March 9, 2017. (mmclc1, COURT STAFF) (Filed on 3/9/2017) (Additional attachment(s) added on 3/9/2017: # 1 Certificate/Proof of Service) (tlS, COURT STAFF).

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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
Northern District of California

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In re:

Case No. 16-cv-06443-MMC

PACIFIC THOMAS CORPORATION,
dba PACIFIC THOMAS CAPITAL, dba
SAFE STORAGE,

ORDER DISMISSING APPEAL

Debtor

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By order filed January 17, 2017, the Court found the orders that appellant Randall

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Whitney seeks to appeal in the above-titled action are interlocutory in nature, and

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directed appellant to file, no later than February 3, 2017, a motion for leave to appeal.

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Appellant has not filed a motion for leave, and appellee Kyle Everett has filed a response

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to the Court's order, by which appellee requests the above-titled appeal be dismissed in

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light of appellant's failure to file a motion for leave by the deadline set by the Court.

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Having fully considered the matter, the Court hereby DISMISSES the above-titled

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appeal for lack of subject matter jurisdiction, as leave to appeal has not been sought, let

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alone granted. See 28 U.S.C. § 158(a)(3) (providing district courts have jurisdiction to

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hear appeals from interlocutory orders of bankruptcy court only "with leave of court").

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IT IS SO ORDERED.

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Dated: March 9, 2017
MAXINE M. CHESNEY
United States District Judge