ROBERT LYNN COMPANY, INC. v. PRY

Filing 26

ORDER granting Appellee's 12 Motion to Dismiss Appeal and denying as moot Appellee's 10 Motion to Strike. Appellee's Request for Sanctions is DENIED. Signed by Judge Richard L. Young on 9/28/2015. (TMD)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA NEW ALBANY DIVISION ROBERT LYNN COMPANY, INC., and ROBERT LYNN, Appellants, vs. KATHRYN L. PRY The Chapter 7 Trustee for the Bankruptcy Estate of Daniel R. Lynn, Appellee. IN RE: DANIEL R. LYNN, Debtor. KATHRYN L. PRY, the Chapter 7 Trustee for the Bankruptcy Estate of Daniel R. Lynn, Plaintiff, vs. ROBERT LYNN COMPANY, INC. and ROBERT LYNN, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 4:15-cv-00030-RLY-WGH Bankruptcy Court Case No. 12-91668-BHL-7 Bankruptcy Court Adversary Proceeding No. 13-59067 Defendants. ENTRY ON PENDING MOTIONS Two motions pend in this bankruptcy appeal: (1) Appellee’s Motion to Strike Portion of Appellants’ Statement of Issues on Appeal and (2) Appellee’s Motion to 1 Dismiss Appeal or, in the Alternative, to Strike Appellants’ Brief and for Sanctions. From a review of the filings in this case, it appears that the Appellant filed two identical appeals, Cause No. 4:15-cv-30-RLY-WGH and Cause No. 4:15-cv-29-TWP-TAB. Appellants readily admit they “[are] not sure why there are . . . two separate judges handling the appeal and request[] that the Court dismiss the Appeal of Robert Lynn (4:15-cv-0030-RLY-WGH).” (Filing No. 15 at 2). Accordingly, Appellee’s Motion to Dismiss Appeal (Filing No. 12) is GRANTED, and Appellee’s Motion to Strike (Filing No. 10) is DENIED as MOOT. Appellee requests sanctions for Appellants’ deficient filings related to this appeal filed in the bankruptcy court and for Appellants’ deficient brief. Appellee’s Request for Sanctions is DENIED. The court understands Appellee’s frustration; however, the court does not find Appellants’ procedural errors and errors as to form merit monetary sanctions. SO ORDERED this 28th day of September 2015. _________________________________ __________________________________ RICHARD L. YOUNG, CHIEF JUDGE RICHARD L. YOUNG, CHIEF JUDGE United States District Court United States District Court Southern District of Indiana Southern District of Indiana Distributed Electronically to Registered Counsel of Record. 2

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