Den Beste et al

Filing 10

ORDER re 9 MOTION for Sanctions filed by Edith Mazzaferri. Signed by Judge Phyllis J. Hamilton on 11/14/2012. (hlkS, COURT STAFF) (Filed on 11/14/2012) (Additional attachment(s) added on 11/14/2012: # 1 Certificate/Proof of Service) (nah, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In re PAUL AND MELODY DEN BESTE,

No. C 12-4522 PJH
Bankr. Case No. 10-13558

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ORDER RE MOTION FOR
SANCTIONS

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Debtors.
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For the Northern District of California

United States District Court

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Defendant/Appellee Edith Mazzaferri has filed a motion for sanctions on the ground

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that Plaintiff/Appellant Paul Den Beste has filed a frivolous appeal from the Bankruptcy

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Court’s order granting Mazzaferri’s motion to annul the automatic stay. Because the court

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has not yet decided the merits of the appeal, the motion for sanctions is premature and

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therefore DENIED WITHOUT PREJUDICE. Mazzaferri may renew the motion for

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sanctions, if appropriate, after the court issues its ruling on the appeal. Any motion for

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sanctions must comply with the Civil Local Rules governing motions for sanctions, and any

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factual contentions concerning damages, attorneys’ fees or costs must be supported by an

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affidavit or declaration pursuant to Civil Local Rule 7-5.

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The briefing schedule and hearing date noticed for the motion for sanctions are
hereby VACATED.

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IT IS SO ORDERED.

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Dated: November 14, 2012

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______________________________
PHYLLIS J. HAMILTON
United States District Judge