In Re Mendocino Coast Recreation and Park District

Filing 7

ORDER by Judge Claudia Wilken Granting 5 Motion for Leave to Appeal. (ndr, COURT STAFF) (Filed on 10/9/2012)

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JEFFER MANGELS BUTLER &
MITCHELL LLP
NICOLAS DE LANCIE, ESQ. (Bar. No. 84934)
([e-mail])
JOSEPH N. DEMKO, ESQ. (Bar No. 113104)
([e-mail])
Two Embarcadero Center, Fifth Floor
San Francisco, California 94111-3813
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Appellant WESTAMERICA BANK
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO OR OAKLAND DIVISION
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Case No. 11-14625 AJ

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In re

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MENDOCINO COAST RECREATION
AND PARK DISTRICT,

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Debtor.
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Chapter 9

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Appeal No. CV 12-02591 CW Appeal

WESTAMERICA BANK,
Appellant,
vs.

from the United States Bankruptcy
Court for the Northern District of California,
Santa Rosa Division

MENDOCINO COAST RECREATION
AND PARK DISTRICT,

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Appellee.
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ORDER GRANTING
MOTION FOR LEAVE TO APPEAL
PURSUANT TO FED. R. BANKR. PROC. 8001 AND 8003

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EXHIBIT C

Order Granting Motion for Leave to Appeal
Appeal No. CV 12-02591 CW

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appearing,

considered by this Court without oral argument as contemplated by that rule; and good cause

the bankruptcy court below pursuant to Fed. R. Bankr. Proc. 8003(b) and submitted and

thereafter having been filed; the Motion having been transmitted to this Court by the clerk of

pursuant to Fed. R. Bankr. Proc. 8003(a) having expired without such an answer then or

Appellee in opposition to the Motion could timely be filed in the bankruptcy case below

below in accordance with Fed. R. Bankr. Proc. 8008(d); the time within which an answer of the

PARK DISTRICT (the “Appellee”); proof of that service having been filed in the bankruptcy case

case below having been served on counsel for appellee MENDOCINO COAST RECREATION AND

(the “Motion”) filed by appellant WESTAMERICA BANK (the “Appellant”) in the bankruptcy

The Motion for Leave to Appeal Pursuant to Fed. R. Bankr. Proc. 8001 and 8003

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IT IS ORDERED that the Motion is GRANTED and the within appeal shall
proceed in accordance with Part VIII of the Fed. R. Bankr. Proc.

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Dated: October 9, 2012

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CLAUDIA WILKEN WILKIN
UNITED STATES DISTRICT JUDGE

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Order Granting Motion for Leave to Appeal
Appeal No. CV 12-02591 CW