ComUnity Lending, Incorporated v. Pham et al

Filing 37

ORDER. Signed by Judge James Ware on May 2, 2011. (jwlc2, COURT STAFF) (Filed on 5/2/2011)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7

SAN FRANCISCO DIVISION

8

ComUnity Lending, Inc.,

9

NO. C 10-00930 JW
NO. C 10-00931 JW

Plaintiff,
ORDER REQUIRING SUPPLEMENTAL
BRIEFING

v.
10
Defendants.
For the Northern District of California

United States District Court

Mai Christina Pham, et al.,
11
12
13

/
Katherine Buckmeyer, et al.,

14
15
16

Plaintiffs,
v.
ComUnity Lending, Inc.,

17

Defendant.
/

18
19

Presently before the Court are Appellants’ Appeals from the Bankruptcy Court’s

20

Memorandum Decision and Order on Motions to Determine Administrative Priority of Attorneys’

21

Fees Claim.1 Appellants appeal a ruling of the Bankruptcy Court refusing to treat this Court’s award

22

of attorney fees to appellants as a priority administrative claim, even though the losing party’s claim

23

for attorney fees arising out of the same proceeding was treated as an administrative priority claim.2

24
25
26
27

1

(See Notice of Appeal, hereafter, “Pham Appeal,” Docket Item No. 1-1 in No. C 10-00930
JW; Notice of Appeal, hereafter, “Buckmeyer Appeal,” Docket Item No. 1 in No. C 10-00931 JW.)
Both Appeals are “identical appeal[s] of the same ruling.” (See Appellant’s Opening Brief at 1,
hereafter, “Buckmeyer Brief,” Docket Item No. 7 in No. C 10-00931 JW.)
2

28

(See Buckmeyer Brief at 1; Appellants’ Opening Brief at 1, Docket Item No. 7 in No. 1000930 JW.)

1

A full statement of the facts of the underlying case can be found in the Court’s December 11,

entered judgment in favor of Plaintiffs and against Defendant ComUnity, declaring that certain

4

disputed funds were not assets of a bankruptcy estate, but instead belonged to participants in a Non-

5

Qualified Deferred Compensation Plan.4 On February 9, 2009, the Trustee filed a Notice of Appeal

6

to the Ninth Circuit.5 On April 24, 2009, the Court granted Plaintiffs’ Motions for Attorney Fees,

7

but denied Plaintiffs’ request that the Court adjudicate the priority of any costs or fees awarded.6 On

8

February 16, 2010, the Bankruptcy Court held that Plaintiffs’ fee awards were not entitled to

9

priority.7 On March 4, 2010, Plaintiffs appealed the Bankruptcy Court’s decision regarding the

10

priority of fee awards to this Court.8 On October 8, 2010, the Ninth Circuit reversed this Court’s

11
For the Northern District of California

2008 Order Granting Plaintiffs’ Motion for Summary Judgment.3 On January 30, 2009, the Court

3

United States District Court

2

order granting Plaintiffs’ Motion for Summary Judgment and vacated this Court’s “judgment and the

12

order awarding Plaintiff their attorneys’ fees.”9 That action is now set for trial on June 7, 2011.

13

In light of the procedural posture of these cases, on or before May 13, 2011, the parties shall

14

file a Joint Statement explaining whether the Appeals in No. C 10-00930 JW and No. C 10-00931

15

JW are moot as the result of the Ninth Circuit’s October 8, 2010 opinion.

16
17

Dated: May 2, 2011
JAMES WARE
United States District Chief Judge

18
19
20

(See Docket Item No. 59 in No. 08-00201 JW.)

4

(See Docket Item Nos. 71 and 72 in No. 08-00201 JW.)

5

21

3

(See Docket Item No. 73 in No. 08-00201 JW.)

22
23
6

24

(See Order Granting Motion for Attorney Fees; Denying Motion to Determine Priority,
Docket Item No. 105 in No. 08-00201 JW.)

25

7

(See Buckmeyer Brief at 6.)

26

8

(See Buckmeyer Appeal; Pham Appeal.)

27

9

(See Docket Item No. 121 at 6 in No. 08-00201 JW.)

28

2

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Barry Milgrom [e-mail]
Hong-Nhung Thi Le [e-mail]
Jeffrey L. Fillerup [e-mail]
Jessie L.B. Hill [e-mail]
John Stephen Wesolowski [e-mail]
Matthew Brooks Borden [e-mail]
Neil S. Tardiff [e-mail]
Robert Anthony Franklin [e-mail]
Ronald Scott Kravitz [e-mail]

3
4
5
6
7

Dated: May 2, 2011

Richard W. Wieking, Clerk

8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy