In re: William James Del Biaggio, III

Filing 18

ORDER DISMISSING CASE. Signed by Judge GONZALEZ ROGERS on 1/3/12. (lrc, COURT STAFF) (Filed on 1/3/2013)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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A Limited Liability Partnership
Including Professional Corporations
MICHAEL H. AHRENS, Cal. Bar No. 44766
STEVEN B. SACKS, Cal. Bar No. 98875
MICHAEL M. LAUTER, Cal. Bar No. 246048
Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
Telephone:
415-434-9100
Facsimile:
415-434-3947
[e-mail]
[e-mail]
[e-mail]

8 Attorneys for Appellant
LIQUIDATING TRUST COMMITTEE FOR THE DEL

9 BIAGGIO LIQUIDATING TRUST
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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14 In re:
15 WILLIAM JAMES DEL BIAGGIO, III,
Debtor.

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17 LIQUIDATING TRUST COMMITTEE FOR
THE DEL BIAGGIO LIQUIDATING
18 TRUST,

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Appellant,

Hon. Yvonne Gonzalez Rogers
Dist. Ct. Case No. 4:12-cv-03918-YGR
Bankr. Ct. Case No. 08-30991 TEC 11

[PROPOSED] ORDER GRANTING
MOTION FOR VOLUNTARY
DISMISSAL OF APPEAL PURSUANT TO
SETTLEMENT

v.

21 AEG FACILITIES, INC., et al.
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Appellees.

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SMRH:407250443.1

ORDER DISMISSING APPEAL

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This matter is before the Court on the Motion for Voluntary Dismissal of Appeal Pursuant

2 to Settlement (the “Motion”) filed by the Liquidating Trust Committee of the Del Biaggio
3 Liquidating Trust (“Appellant”), on November 21, 2012, seeking an order dismissing this appeal
4 pursuant to Rule 8001(c)(2) of Federal Rules of Bankruptcy Procedure.
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All parties having been given notice of the Motion and an opportunity to respond to the

6 Motion, and the Court having reviewed the Motion and accompanying papers, and considered the
7 pleadings and evidence herein, and good cause appearing therefor,
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IT IS HEREBY ORDERED THAT:

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1.

Appellant’s Motion is GRANTED.

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2.

The above-captioned appeal is dismissed, with each party bearing its own fees and
costs incurred in connection with this appeal.

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This Order Terminates Docket Number 10.

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Dated: January 3, 2013

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____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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SMRH:407250443.1

-1-

ORDER DISMISSING APPEAL