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