WCH, Inc. et al v. Wyle

Filing 10

ORDER DISMISSING APPEAL. Signed by Judge Whyte on 4/6/09. (rmwlc3, COURT STAFF) (Filed on 4/6/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re: WCH, Inc., dba WINCHESTER CONVALESCENT HOSPITAL, dba SAN JOSE SUBACUTE CARE, Debtor. WCH, Inc., dba WINCHESTER CONVALESCENT HOSPITAL, dba SAN JOSE SUBACUTE CARE, Appellant, v. FREDERICK S. WYLE, Chapter 11 Trustee, Appellee. On November 25, 2008, the court received WCH's notice of appeal from the bankruptcy court's order approving the trustee's sale of substantially all of the estate's assets. WCH did not subsequently file an opening brief, and on March 6, 2009, the court issued its first order setting a deadline for WCH to file its opening brief or to show cause why it could not do so by the deadline. WCH did not comply with the order, and on March 17, 2009, the court issued a second order to show cause as to why the appeal should not be dismissed for want of prosecution. The court set a
ORDER DISMISSING APPEAL No. C-08-05331 RMW TER

E-filed on:

4/6/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. C-08-05331 RMW ORDER DISMISSING APPEAL [Docket No. 8.]

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

March 27, 2009 deadline for response, warning that a failure to file a respond will result in dismissal of the appeal. WCH did not meet the March 27 deadline, but on March 30 filed a motion to dismiss the appeal, explaining that the appeal was moot. Accordingly, for good cause appearing, the appeal is hereby DISMISSED.

DATED:

4/6/09

RONALD M. WHYTE United States District Judge

ORDER DISMISSING APPEAL No. C-08-05331 RMW TER

2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for HCW: Orrin Leigh Grover, III Counsel for Wyle: Jeffrey L. Fillerup Barry Milgrom [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Notice of this document has been mailed to: USBC Manager ­ San Jose USBC Manager-San Jose US Bankruptcy Court 280 South First Street Room 3035 San Jose, CA 95113 Honorable Marilyn Morgan Marilyn Morgan U.S. Bankruptcy Court 280 South First Street Room 3035 San Jose, CA 95113

Dated:

4/6/09

TER Chambers of Judge Whyte

ORDER DISMISSING APPEAL No. C-08-05331 RMW TER

3