Weitzel v. SinClair et al

Filing 10

ORDER REMANDING CASE to the United States Bankruptcy Court for a determination of what items are to be included in the record on appeal in each of these two actions. Once that issue has been resolved by the Bankruptcy Court, the parties are to advise this Court that the appeal is ripe for decision. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 5/25/11. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
SCOTT WEITZEL,

Plaintiff-Appellant,
ORDER
10-CV-6330L
v.
ROBERT C. SINCLAIR, JR. AND
ANNA B. SINCLAIR,
Defendants-Appellees.
________________________________________________
SCOTT WEITZEL,

Plaintiff-Appellant,

10-CV-6331L
v.
ROBERT C. SINCLAIR, JR. AND
ANNA B. SINCLAIR,
Defendants-Appellees.
________________________________________________

Defendants-appellees, Robert C. SinClair, Jr. and Ann B. SinClair, have filed statements
designating additional items to be included in the record on appeal in these bankruptcy appeals. 10CV-6330 (Dkt. #6), 10-CV-6331 (Dkt. #6). At the direction of the Court, plaintiff-appellant, Scott
Weitzel, has filed a response, disputing in some respects which items should be included in the
record, and whether corrections should be made to one of the items, a court transcript.

As noted in this Court’s Order entered on April 7, 2011 (Dkt. #8), most courts agree that “it
is appropriate for the Bankruptcy Court to address [the appellate record] in the first instance.” In
re Enron Corp., 379 B.R. 425, 445 (S.D.N.Y. Aug. 27, 2007) (citation omitted); accord In re
National Century Financial Enterprises, Inc., 334 B.R. 907, 912 (Bkrtcy. S.D.Ohio, December 22,
2005). This Court will not consider these appeals until the proper appellate record has been
determined. Accordingly, this matter is remanded to the Bankruptcy Court for a determination of
that issue, as set forth in the Conclusion of this Order.

CONCLUSION

This matter is hereby remanded to the United States Bankruptcy Court for a determination
of what items are to be included in the record on appeal in each of these two actions. Once that issue
has been resolved by the Bankruptcy Court, the parties are to advise this Court that the appeal is ripe
for decision.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
May 25, 2011.

-2-