Hagan v. Imperial Auto Protection, LLC

Filing 4

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the provisions of the case management order entered on June 2, 2014 are vacated, and the following new schedule shall apply: 1) Within two (2) days of issuance of the written Order denying Hagan' s motion to dismiss and for sanctions, Hagan shall file a copy of that Order and any other relevant bankruptcy documents necessary to the Court's determination of whether to grant leave to appeal; and 2) Within 15 days of Hagans filing of these documents, appellee and/or trustee shall file a brief addressing solely the issue of whether this Court should grant leave to appeal. No further briefing will be permitted on this issue. Should the Court grant the motion for leave to appeal, an amended case management order will issue. Signed by District Judge Catherine D. Perry on June 3, 2014. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
In RE: IMPERIAL AUTO
PROTECTION, LLC,

)
)
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Debtor,
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RICHARD HAGAN,
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Appellant,
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)
vs.
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IMPERIAL AUTO PROTECTION, )
LLC,
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Appellee.
)

Case No. 4:14CV1000 CDP

MEMORANDUM AND ORDER
This matter is before the Court on Richard Hagan’s motion for leave to
appeal a decision of the bankruptcy court. On April 17, 2014, Imperial Auto
Protection, LLC filed a voluntary Chapter 11 petition in the Eastern Division of
the United States Bankruptcy Court for the Eastern District of Missouri. That case
is assigned Cause Number 14-43062-659 and is pending before the Honorable
Kathy A. Surratt-States, United States Bankruptcy Judge. Hagan seeks to appeal
Judge Surratt-States’ May 13, 2014, denial of his motion to dismiss and for

sanctions, which Hagan acknowledges is an interlocutory order.1 28 U.S.C. §
158(a) empowers the district court with jurisdiction to hear appeals from final
judgments and orders and, with leave of the court, from interlocutory orders and
decrees entered by the bankruptcy court. Before the parties proceed to brief the
underlying issues, I must decide whether to grant leave to appeal. Therefore,
IT IS HEREBY ORDERED that the provisions of the case management
order entered on June 2, 2014 are vacated, and the following new schedule
shall apply:
1) Within two (2) days of issuance of the written Order denying Hagan’s
motion to dismiss and for sanctions, Hagan shall file a copy of that Order and any
other relevant bankruptcy documents necessary to the Court’s determination of
whether to grant leave to appeal; and
2) Within 15 days of Hagan’s filing of these documents, appellee and/or
trustee shall file a brief addressing solely the issue of whether this Court should
grant leave to appeal.

1

Judge Surratt-States denied the motion on the record following a hearing and has
indicated that a written Order will issue, but the written Order has yet to issue.

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No further briefing will be permitted on this issue. Should the Court grant the
motion for leave to appeal, an amended case management order will issue.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of June, 2014.

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