Hopkins Growth Fund, LLC v. Smith et al
MEMORANDUM DECISION AND ORDER CONSOLIDATING APPEALS. IT IS ORDERED that: Appellant Holland & Hart LLP's Motion to Consolidate Cases 3 filed in 1:16-cv-230-BLW is GRANTED. All further proceedings in the consolidated appeal will be handled by T he Honorable Edward J. Lodge, United States District Judge for the District of Idaho. The parties shall file all future filings in Case No. 1:16-cv-214-EJL. Signed by Judge B. Lynn Winmill. Associated Cases: 1:16-cv-00214-EJL, 1:16-cv-00230-BLW (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st) Modified on 8/10/2016 to modify case number that motion was filed in (st).
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
Case No. 1:16-cv-00230-BLW
HOPKINS NORTHWEST FUND,
MEMORANDUM DECISION AND
HOLLAND & HART, LLP,
OVERSIGHT COMMITTEE UNDER
CONFIRMED PLAN OF
Pending before the Court is Appellant Holland & Hart, LLP’s Motion to
Consolidate Appeals (Dkt. 3). For the reasons expressed below, the Court will
consolidate the above-captioned appeal with the bankruptcy appeal in Case No. 1:16-cv214-EJL. The Court will assign the consolidated appeals to Judge Lodge, as that appeal
has the lowest case number.
MEMORANDUM DECISION & ORDER – 1
The two appeals at issue in this case involve similar facts and law. Among other
things: (1) the debtors were both investment funds that invested in mortgage loans and
real estate equity investments; (2) both debtors were operated by the same principals and
both performed poorly; (3) both bankruptcy cases were pending at the same time; (3)
both debtors confirmed similar plans of liquidation; (4) the bankruptcy court effectively
made the same decision regarding the fees paid to both debtors’ counsel. The bankruptcy
court’s decision regarding these fees is being appealed in both cases. The appellee does
not oppose consolidation.
Under these circumstances, it makes sense to consolidate the appeals.
Accordingly, IT IS ORDERED that:
(1) Appellant Holland & Hart LLP’s Motion to Consolidate Cases (Dkt. 3) is
(2) The Clerk is directed to enter this order in this case and in Case No. 1:16-cv214.
(3) All further proceedings in the consolidated appeal will be handled by The
Honorable Edward J. Lodge, United States District Judge for the District of
(4) The parties shall file all future filings in Case No. 1:16-cv-214.
(5) Judge Lodge’s chambers will be in contact with the parties to schedule briefing
or any relevant hearings, as appropriate.
MEMORANDUM DECISION & ORDER – 2
DATED: August 9, 2016
B. Lynn Winmill
United States District Court
MEMORANDUM DECISION & ORDER – 3
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