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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 In re PAUL AND MELODY DEN BESTE, No. C 12-4522 PJH Bankr. Case No. 10-13558 8 ORDER RE MOTION FOR SANCTIONS 9 Debtors. ______________________________________/ 11 For the Northern District of California United States District Court 10 12 Defendant/Appellee Edith Mazzaferri has filed a motion for sanctions on the ground 13 that Plaintiff/Appellant Paul Den Beste has filed a frivolous appeal from the Bankruptcy 14 Court’s order granting Mazzaferri’s motion to annul the automatic stay. Because the court 15 has not yet decided the merits of the appeal, the motion for sanctions is premature and 16 therefore DENIED WITHOUT PREJUDICE. Mazzaferri may renew the motion for 17 sanctions, if appropriate, after the court issues its ruling on the appeal. Any motion for 18 sanctions must comply with the Civil Local Rules governing motions for sanctions, and any 19 factual contentions concerning damages, attorneys’ fees or costs must be supported by an 20 affidavit or declaration pursuant to Civil Local Rule 7-5. 21 22 The briefing schedule and hearing date noticed for the motion for sanctions are hereby VACATED. 23 IT IS SO ORDERED. 24 Dated: November 14, 2012 25 26 27 28 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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