523 Burlingame Ave., LLC v. Tapang et al
Filing
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ORDER DISMISSING APPEAL PURSUANT TO 6 MOTION OF APPELLANT [FED. R. BANKR. P. 8023]. Signed by Judge Beth Labson Freeman on 10/5/2016. (blflc2S, COURT STAFF) (Filed on 10/5/2016)
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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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523 BURLINGAME AVE., LLC,
Case No. 16-cv-04295-BLF
Plaintiff,
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v.
ORDER DISMISSING APPEAL
PURSUANT TO MOTION OF
APPELLANT [FED. R. BANKR. P. 8023]
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TAPANG,
Defendant.
[Re: ECF 6]
United States District Court
Northern District of California
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On July 29, 2016, 523 Burlingame Ave., LLC (“Appellant”) filed a notice of appeal in this
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Court. ECF 1. The record on appeal in the matter was entered in the docket of this Court on
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August 11, 2016. ECF 4. Thus, Appellant’s principal brief was due on or before September 12,
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2016. Appellant did not file a principal brief. Instead, Appellant filed a motion to dismiss the
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appeal pursuant to Fed. R. Bankr. P. 8023 alleging that “changed circumstances in the underlying
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and related bankruptcy matters have rendered the appeal moot.” ECF 6. In its motion, Appellant
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states that “Appellee has incurred no allowable costs in relation to this appeal.” Id.
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Appellant properly served the other parties to this action on September 20, 2016. See
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Certificate of Service, ECF 6. Neither the Appellee/Debtor nor the U.S. Trustee filed an
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opposition to Appellant’s motion, and the time for opposition has lapsed. See Fed. R. Bankr. P.
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8013(a)–(b).
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Under Fed. R. Bankr. P. 8023, “[a]n appeal may be dismissed on the appellant’s motion on
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terms agreed to by the parties or fixed by the district court or BAP.” Because Appellant states that
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Appellee has incurred no allowable costs in relation to this appeal, the Court need not determine
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the terms of dismissal. Moreover, because neither the Appellee/Debtor nor the U.S. Trustee has
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opposed Appellant’s motion, the Court finds no reason to deny Appellant its requested relief.
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Accordingly, IT IS HEREBY ORDERED that the appeal in this proceeding be dismissed.
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The Clerk shall close the file.
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Dated: October 5, 2016
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______________________________________
BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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