ERGS II, LLC v. Lichtin/Wade, LLC
Filing
23
ORDER DISMISSING APPEAL - Signed by District Judge Louise Wood Flanagan on 07/25/2013. (Baker, C.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
ERGS II, L.L.C.,
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)
Appellant,
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v.
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LICHTIN/WADE, LLC
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)
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)
Case No. 5:12-cv-00688-FL
Appellee.
______________________________ )
ORDER DISMISSING APPEAL
It appearing to the Court that ERGS II, L.L.C. ("ERGS') has requested the dismissal 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"), pursuant to Fed. R. Bankr. P. 8001(c)(2).
No cross appeal was filed by the Debtor, and during the pendency of the appeal the case was
converted to chapter 7. The chapter 7 trustee is proceeding with the marketing and sale of
ERGS's collateral, and ERGS no longer wishes to pursue its appeal.
WHEREFORE, the Motion of ERGS II, L.L.C. to dismiss the appeal is hereby
GRANTED.
-n-1
SO ORDERED this the _25 day of July, 2013.
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United States District Judge
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