ERGS II, LLC v. Lichtin/Wade, LLC

Filing 24

ORDER DISMISSING APPEAL - Signed by District Judge Louise Wood Flanagan on 07/25/2013. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION ERGS II, L.L.C., ) ) Appellant, ) ) V. LICHTIN/W ADE, LLC ) ) ) ) Case No. 5:13-cv-00207-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. 800l(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. SO ORDERED this the ~~y of July, 2013. ~4.-4:trou E W. FLANAGAN United States District Judge

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