ERGS II, LLC v. Lichtin/Wade, LLC

Filing 24

ORDER granting 23 Joint Motion to Dismiss Appeal - 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
ERGS II, L.L.C.,

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Appellant,

v.

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LICHTIN/W ADE, LLC

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Case No. 5:12-cv-00689-FL

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)
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Appellee.
____________________________ )
ORDER DISMISSING 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 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") and that the
conversion of the Bankruptcy Case from Chapter II to Chapter 7 has rendered the issue appealed
moot;
The Joint Motion of ERGS II, L.L.C. and Joseph N. Callaway, in his capacity as trustee
of the Chapter 7 bankruptcy estate of Lichtin/Wade, LLC, to dismiss appeal is hereby
GRANTED, without prejudice.
SO ORDERED this thed...l::_ day ofMay, 2013.

~-v.~

L
I
W. FLANAGAN
United States District Judge