Powell et al v. Burman

Filing 11

ORDER granting appellants' 10 Motion to Dismiss; dismissing appeal, signed by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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In re:

Case No. C17-1268RSL

KENT DOUGLAS POWELL and HEIDI
POWELL,
Debtors.

Bankr. Case No. 12-11140MLB

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ORDER GRANTING
MOTION TO DISMISS

KENT DOUGLAS POWELL and HEIDI
POWELL,
Appellants,
v.
DENNIS LEE BURMAN,
Appellee.

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This matter comes before the Court on bankruptcy appellants’ “Motion to Dismiss.” Dkt.

23 # 10. In the above-captioned matter, Kent and Heidi Powell filed an appeal and motion for a
24 temporary restraining order challenging the sale of the domain www.heidipowell.com to a
25 different Heidi Powell, who is apparently a previous cast member on the former ABC reality
26 series “Extreme Weight Loss.” The Court denied the motion for a temporary restraining order.
27 Dkt. # 7. Appellants represent they no longer seek relief from the Court, and accordingly move
28 to dismiss this appeal. Dkt. # 10. They also represent that the Chapter 7 trustee, the adverse

ORDER GRANTING MOTION TO DISMISS - 1

1 party in this matter, consents to the appeal’s dismissal. Federal Bankruptcy Rule 8023 provides
2 that an appeal may be dismissed upon the parties’ agreement. The parties here agree the matter
3 should be dismissed, and the trustee has not filed any responsive pleadings, see Fed. R. Civ. P.
4 41(a)(1).
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For those reasons, appellants’ motion to dismiss, Dkt. # 10, is GRANTED, and their

6 appeal is DISMISSED.
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DATED this 7th day of November, 2017.

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A
Robert S. Lasnik

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United States District Judge

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ORDER GRANTING MOTION TO DISMISS - 2