Ramey et al v. DaimlerChrysler Financial Services Americas LLC

Filing 16

ORDER The Ramey case, 06-cv-00197-JLK, shall be deconsolidated from 05-cv-02284-JLK and proceed separately in this court. The Wilson case, 06-cv-00169, shall remain consolidated with the Baker case, 05-cv-02284-JLK. Final judgment shall enter in th e Baker and Wilson consolidated cases in accordance with the 6/27/06 Memorandum Decision. Ramey case is ordered stayed and held in abeyance pending appeal of the final judgment in the Baker and Wilson consolidated cases. Signed by Judge John L. Kane on 3/13/07.(gms, )

Ramey et al v. DaimlerChrysler Financial Services Americas LLC

Doc. 16

Case 1:06-cv-00197-JLK

Document 16

Filed 03/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane
Civil Action No. 05-cv-02284-JLK In re: JAMES L. BAKER o/d/s K&L ASSOCIATES, INC. and JANICE E. BAKER o/d/s K&L ASSOCIATES, INC. Debtors , DANIEL A. HEPNER, Chapter 7 Trustee Plaintiff /Appellee, v. AMERICREDIT FINANCIAL SERVICES INC. Defendant/Appellant. Civil Action No. 06-cv-00169-JLK In re: WILLIAM DAVID WILSON and CHERYL ANN WILSON, Debtors. CHARLES C. SCHLOSSER, Chapter 7 Trustee Plaintiff /Appellee,

v. DAIMLERCHRYSLER SERVICES AMERICAS LLC, successor by merger to DaimlerChrysler North America, LLC.
Defendant/Appellant.

Dockets.Justia.com

Case 1:06-cv-00197-JLK

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Civil Action No. 06-cv-00197-JLK In re: DEMETRA RAMEY and JAMES RAMEY Debtors.
DANIEL A. HEPNER, Chapter 7 Trustee Plaintiff /Appellee,

v. DAIMLERCHRYSLER SERVICES AMERICAS LLC, successor by merger to DaimlerChrysler North America, LLC.
Defendant/Appellant.

ORDER DECONSOLIDATING HEPNER CASE AND FOR ENTRY OF FINAL JUDGMENT Kane, J. These bankruptcy appeals were consolidated by me on the Trustee' Motion s because they involve identical questions of law regarding the perfection date of Appellants'automobile financing liens. See Order on Motion to Consolidate, dated 3/1/06 (Doc. 12). I issued a Memorandum Decision in the consolidated cases on June 27, 2006 (Doc. 30), from which appeals and cross-appeals were taken. On December 6, 2006, the Tenth Circuit dismissed the appeals, finding my reservation of a lien priority issue that had been raised in one of the three consolidated cases resulted in a lack of finality precluding direct appeal. I sought input from the parties, which they provided in
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Case 1:06-cv-00197-JLK

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a Joint Statement filed March 7, 2007 (Doc. 51). At the parties'suggestion, I address the jurisdictional conundrum presented by the Tenth Circuit' Order for dismissal as follows: s 1. The Hepner v. DaimlerChryler Financial Services (In re Ramey) case, Civil Action No. 06-cv-00197-JLK, which includes the priority issue previously stayed pending appeal, shall be DECONSOLIDATED from Civil Action 05-cv-02284JLK and proceed separately in this court. The Wilson case, Civil Action No. 06cv-00169, shall remain consolidated with lead case Hepner v. Americredit Financial Servs., Inc. (In re Baker), 05-cv-02284-JLK pursuant to my March 1, 2006 Order. 2. FINAL JUDGMENT shall enter in the Baker and Wilson consolidated cases in accordance with my June 27, 2006 Memorandum Decision. 3. The Ramey case is ordered STAYED and HELD IN ABEYANCE pending appeal of the Final Judgment in the Baker and Wilson consolidated cases.

Dated this 13th day of March 13, 2007.

s/John L. Kane SENIOR U.S. DISTRICT JUDGE

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