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)

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 2 3 4 5 6 7 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 8 Attorneys for Appellant LIQUIDATING TRUST COMMITTEE FOR THE DEL 9 BIAGGIO LIQUIDATING TRUST 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 In re: 15 WILLIAM JAMES DEL BIAGGIO, III, Debtor. 16 17 LIQUIDATING TRUST COMMITTEE FOR THE DEL BIAGGIO LIQUIDATING 18 TRUST, 19 20 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. 22 Appellees. 23 24 25 26 27 28 SMRH:407250443.1 ORDER DISMISSING APPEAL 1 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. 5 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, 8 IT IS HEREBY ORDERED THAT: 9 1. Appellant’s Motion is GRANTED. 10 2. The above-captioned appeal is dismissed, with each party bearing its own fees and costs incurred in connection with this appeal. 11 12 3. This Order Terminates Docket Number 10. 13 14 Dated: January 3, 2013 15 16 ____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 SMRH:407250443.1 -1- ORDER DISMISSING APPEAL

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