In re: Novicelli

Filing 25

ORDER Denying 7 Motion for Stay of Enforcement and Execution Pending Appeal from Order Terminating Automatic Stay. FURTHER ORDERED that Appellant file his opening brief no later than 12:00 p.m., March 29, 2011. Signed by Judge Kent J. Dawson on 3/21/11. (Copies have been distributed pursuant to the NEF - MMM)

-GWF In re: Novicelli

Doc. 25

1 2 3 4 5 6 7 8 9 10 11 12 13 14 v. 15 MIDFIRST BANK, 16 Appellee. 17 18 Presently before the Court is Debtor's Motion for Stay of Enforcement and Execution 19 Pending Appeal from Order Terminating Automatic Stay (#7). Appellee filed a response in 20 opposition (#15) to which Debtor replied (#16). The Court also considered the Transcript of Hearing 21 (#23) from the Bankruptcy Court hearing on Debtor's motion to stay enforcement of the 22 Bankruptcy's order terminating automatic stay. The Bankruptcy Court denied Debtor's motion to 23 stay. 24 Having read and considered Debtor's motion and all briefing contained in the record before 25 this Court, the Court denies Appellant's motion for stay because Appellant is unlikely to succeed on 26 RICHARD PETER NOVICELLI, Appellant, IN RE: RICHARD PETER NOVICELLI, Debtor. Case No. 2:10-CV-1150-KJD-PAL ORDER

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Dockets.Justia.com

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the merits of his appeal. Furthermore, Appellant is ordered to file his opening brief no later than 12:00 p.m., Tuesday, March 29, 2011. Accordingly, IT IS HEREBY ORDERED that Debtor's Motion for Stay of Enforcement and Execution Pending Appeal from Order Terminating Automatic Stay (#7) is DENIED; IT IS FURTHER ORDERED that Appellant file his opening brief no later than 12:00 p.m., Tuesday, March 29, 2011. DATED this 21st day of March 2011.

_____________________________ Kent J. Dawson United States District Judge

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