523 Burlingame Ave., LLC v. Tapang et al

Filing 7

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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