Nathan Hake Farms LLC

Filing 5

ENTRY AND ORDER GRANTING MOTION TO DISMISS APPEAL 4 AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 3-12-2018. (de)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
:
Case No. 3:18-CV-13
:
Judge Thomas M. Rose
Debtor/Appellant,
:
:
:
v.
:
NOBLE OPPORTUNITY FUND II, LP,
:
:
Creditor/Appellee.
:
:
______________________________________________________________________________
NATHAN HAKE FARMS LLC,

ENTRY AND ORDER GRANTING MOTION TO DISMISS APPEAL
(DOC. 4) AND TERMINATING CASE
______________________________________________________________________________
This bankruptcy appeal is before the Court on Motion to Dismiss Appeal (Doc. 4)
filed by Appellee Noble Opportunity Fund, II LP (“Noble Opportunity”).

Noble

Opportunity moves to dismiss Appellant Nathan Hake Farms LLC’s appeal of the
dismissal of its Chapter 12 Proceeding before the United States Bankruptcy Court for
the Southern District of Ohio.

Noble Opportunity argues that dismissal is proper

because (1) Appellant failed to timely file a Notice of Appeal with the bankruptcy court
clerk, (2) Appellant is a limited liability company and the Notice of Appeal was filed by
a non-attorney manager, and (3) Appellant has failed to prosecute this appeal. (Doc. 4
at 2-4.) Appellant did not respond to the Motion to Dismiss Appeal and the time for it
to do so has expired. This matter is therefore ripe for review.
WHEREFORE, for the reasons stated in Noble Opportunity’s supporting

memorandum and noting that no opposition has been filed, the Court GRANTS the
Motion to Dismiss Appeal (Doc. 4) and DISMISSES this case, which shall be
terminated on the docket of this Court.
DONE and ORDERED in Dayton, Ohio, this Monday, March 12, 2018.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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