ROBERT LYNN COMPANY, INC. v. PRY
Filing
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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)
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,
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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
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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.
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