ROK Builders, LLC et al v. 2010-1 SFG Venture, LLC
Filing
36
ORDER supplementing 1 Bankruptcy Record. So Ordered by Judge Paul J. Barbadoro.(mm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
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In Re:
Moultonborough Hotel Group, LLC,
Civil Action No. 1:13-cv-00016-PB
Debtor
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ORDER GRANTING APPELLEES’
MOTION TO SUPPLEMENT THE RECORD ON APPEAL
This matter came before the Court on the Motion (the “Motion”) of 2010-1 SFG Venture
LLC (“SFG”) and Moultonborough Hotel Group, LLC (the “Debtor”, together with SFG, the
“Appellees”).
This Court, having jurisdiction to consider the Motion and the relief requested therein in
accordance with 28 U.S.C. § 158, and venue being proper before this Court pursuant to 28
U.S.C. §§ 1408 and 1409, and upon consideration of the Motion, and that the relief sought in the
Motion is supported by the contentions of the Motion, and after due deliberation and sufficient
cause appearing therefor, the Court ORDERS as follows:
A.
The Motion is GRANTED.
B.
The issues on appeal are hereby supplemented to include the following issue:
Is the Appellant’s appeal moot in light of events that have transpired since the
entry of the Order confirming the Debtor’s Second Amended Plan of Liquidation
Dated November 9, 2012, entered by the United States Bankruptcy Court for the
District of New Hampshire on December 5, 2012?
C.
The record on appeal is hereby supplemented to include (i) the Declaration of
Daniel M. Kasell, dated January 25, 2013, which is attached as Exhibit 1 to the Motion; and (ii)
the Declaration of Steven M. Notinger, dated January 28, 2013, which is attached as Exhibit 2
to the Motion.
D.
This Order shall become effective on the date hereof.
E.
This Court shall retain jurisdiction to hear and determine all matters arising from
or related to the implementation and/or interpretation of this Order.
February 19
________________________, 2013
________________________________________
/s/ Paul Barbadoro
HONORABLE PAUL J. BARBADORO
UNITED STATES DISTRICT COURT JUDGE
2
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