ORIX Capital Markets, LLC v. Lighthouse Lodge, LLC

Filing 7

Order by Hon. Lucy H. Koh granting 6 Motion to Dismiss. (lhklc1, COURT STAFF) (Filed on 9/30/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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ORIX CAPITAL MARKETS, LLC,
Appellant,
v.
AAA, et al.,

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Appellees.

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Case No.: 11-CV-02985-LHK
ORDER GRANTING MOTION TO
DISMISS APPEAL

On June 17, 2011, Appellant Orix Capital Markets, LLC (“Appellant”) filed the instant

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bankruptcy appeal. On July 14, 2011 the Court granted Appellant an extension to allow the

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Liquidating Agent appointed by the Bankruptcy Court time to review the claims of the 115

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Appellees in this case. On August 19, 2011 Appellant moved to dismiss on the grounds that the

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Liquidating Agent has now completed his claims review process and filed objections in the case to

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certain claims therein. Appellees did not oppose the motion. Pursuant to Federal Rule of

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Bankruptcy Procedure 8001(c)(2), a U.S. District Court may grant an appellant’s motion to

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voluntarily dismiss an appeal “on terms and conditions fixed by the district court . . . .” Appellant

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requests no special terms and conditions, and Appellees have not opposed Appellant’s motion.

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Accordingly, the Court GRANTS Appellant’s motion to dismiss this appeal, without terms and

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conditions. The Clerk shall close the file.

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IT IS SO ORDERED.
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Case No.: 11-CV-02985-LHK
ORDER GRANTING MOTION TO DISMISS APPEAL

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Dated: September 30, 2011

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 11-CV-02985-LHK
ORDER GRANTING MOTION TO DISMISS APPEAL