Lynch v. Malloy et al

Filing 43

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; finding as moot 18 Motion to Stay; finding as moot 20 Motion to Stay; denying 6 Motion to Stay; finding as moot 14 Motion to Stay (tjc, Dpty Clk)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA STEPHEN NICOLAS LYNCH, Appellant, vs. Case No.15-CV-364-JED-FHM KENNETH K. KLEIN, et al., Adv. Case No. 14-AP-1059 Appellees. OPINION AND ORDER The following motions are before the undersigned United States Magistrate Judge for decision: Plaintiff’ Motion to Stay Proceedings Pending Outcome of Appeal, [Dkt. 6]; Trustee’s Motion to Stay Appeal Pending Bankruptcy Court’s Ruling on Motion to Impose Sanctions Against Appellant’s Counsel, Martha Hyde, [Dkt. 14]; and motions adopting the Trustee’s motion, [Dkt. 18, 20]. Plaintiff’s motion is not directed to this court. It seeks relief from the Bankruptcy Court and was ruled on by the Bankruptcy Court, therefore Plaintiff’s motion, [Dkt. 6], is DENIED. The court has been advised that on August 27, 2015, the Bankruptcy Court granted the Appellant’s motion for a stay of the pending motion for sanctions against Appellant’s counsel. [Dkt. 38]. The Trustee’s motion is rendered moot by the Bankruptcy Court’s order staying its consideration of the motion for sanctions pending the outcome of this appeal. Therefore, the Trustee’s Motion to Stay Appeal Pending Bankruptcy Court’s Ruling on Motion to Impose Sanctions Against Appellant’s Counsel, Martha Hyde, [Dkt. 14]; and motions adopting the Trustee’s motion, [Dkt. 18, 20], are DENIED as MOOT. SO ORDERED this 13th day of October, 2015. 2

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