ERGS II, LLC v. Lichtin/Wade, LLC

Filing 21

ORDER granting 20 Joint Motion to Stay Appeal or Hold Appeal in Abeyance - The appeal shall be stayed for a period of sixty (60) days from the date of the entry of this Order, without prejudice to the right of either party to request a further stay. Signed by District Judge Louise Wood Flanagan on 05/21/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

V.

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LICHTIN/W ADE, LLC

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Appellee.

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ERGS II, L.L.C.,
Appellant,

Case No. 5: 12-cv-00688-FL

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ORDER STAYING APPEAL
It appearing to the Court that ERGS II, L.L.C. ("ERGS") and Joseph N. Callaway, in his

capacity as the trustee of the Chapter 7 bankruptcy estate of Lichtin/Wade, LLC, have jointly
requested a sixty (60)-day stay of the appeal commenced by ERGS's filing of a Notice of Appeal
in In re Lichtin/Wade, LLC, Case Number 12-00845-8-RDD (the "Bankruptcy Case") and that,
in light of the conversion of the Bankruptcy Case from Chapter II to Chapter 7, if granted such a
stay, the parties may be able to resolve the issue appealed;
The Joint Motion of ERGS II, L.L.C. and Joseph Callaway, in his capacity as trustee of
the Chapter 7 bankruptcy estate ofLichtin/Wade, LLC, to stay this appeal is hereby GRANTED.
The appeal shall be stayed for a period of sixty (60) days from the date of the entry of this Order,
without prejudice to the right of either party to request a further stay.
SO ORDERED this the

:J. J sr· day of May, 2013.
United States District Judge