Schaefer et al

Filing 3

ORDER STAYING AND ADMINISTRATIVELY CLOSING CASE to allow direct appeal to Fifth Circuit pursuant to 28 U.S.C. § 158(d)(2).(Signed by Judge Nancy F. Atlas) Parties notified.(TDR)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: SUPERIOR OFFSHORE INTERNATIONAL, INC., Debtor § § § §

Bankruptcy Case No. 08-32590

-----------------------------------------------------------------------------------------------------LOUIS E. SCHAEFER, JR. and SCHAEFER HOLDINGS, LP, Appellants. § § § § ORDER By Order [BR Doc. # 1248] entered in this bankruptcy case on January 28, 2009, United States Bankruptcy Judge Wesley W. Steen confirmed the First Amended Joint Chapter 11 Plan of Liquidation. On February 4, 2009, Louis E. Schaefer, Jr. and Schaefer Holdings, LP (collectively, "Schaefer") filed a Notice of Appeal [BR Doc. # 1262], an Election to Appeal to Court of Appeals [BR Doc. # 1263], and an Emergency Request for Certification Pursuant to 28 U.S.C. § 158(d)(2) [BR Doc. # 1264] seeking certification to appeal directly to the United States Court of Appeals for the Fifth Circuit rather than to this district court because there were novel legal CIVIL ACTION NO. H-09-0338

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issues presented in the appeal for which there are no controlling decisions from the United States Supreme Court or the Fifth Circuit.1 By Order [BR Doc. # 1283] entered February 9, 2009, the Bankruptcy Judge granted Schaefer's request and certified the matter for direct appeal to the Fifth Circuit. In the meantime, however, the Notice of Appeal had been docketed in the district court. It appearing that the Bankruptcy Court has certified this appeal to proceed directly to the Fifth Circuit, it is hereby ORDERED that the appeal docketed in the district court is STAYED AND ADMINISTRATIVELY CLOSED to allow Schaefer to pursue his appeal directly to the Fifth Circuit pursuant to 28 U.S.C. § 158(d)(2). SIGNED at Houston, Texas, this 12th day of February, 2009.

1

Schaefer also filed an Emergency Motion for Stay Pending Appeal [BR Doc. # 1265] which was denied by Order [BR Doc. # 1287] entered February 9, 2009.
2

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