From Casetext: Smarter Legal Research

In re City of Vallejo

United States Court of Appeals, Ninth Circuit
Dec 31, 2013
551 F. App'x 339 (9th Cir. 2013)

Opinion

Submitted December 17, 2013

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the Ninth Circuit Bankruptcy Appellate Panel. BAP Nos. 12-1020, 12-1021. Kirscher, Jury, and Pappas, Bankruptcy Judges, Presiding.

MICHAEL LIONEL, Appellant, Pro se, Benicia, CA.

For CITY OF VALLEJO, CA, Appellee: John Killeen, Esquire, Attorney, Office of the Attorney General, Sacramento, CA; Marc Aaron Levinson, Esquire, Attorney, ORRICK HERRINGTON & SUTCLIFFE, LLP, Sacramento, CA.

For INTERNATIONAL ASSOIATION OF FIREFIGHTERS IAFF UNION LOCAL 1186, Appellee: Dean M. Gloster, Esquire, Attorney, Kelly A. Woodruff, Farella Braun + Martel LLP, San Francisco, CA.


Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Michael Lionel, a creditor and member of the International Association of Firefighters IAFF Union Local 1186 (" IAFF" ), appeals pro se from the Bankruptcy Appellate Panel's (" BAP" ) order dismissing as moot his appeals of the bankruptcy court's orders regarding a settlement agreement between Chapter 9 debtor City of Vallejo and IAFF. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo a determination that an appeal from a bankruptcy court decision is moot. Nat'l Mass. Media Telecomm. Sys., Inc. v. Stanley (In re Nat'l Mass. Media Telecomm. Sys., Inc.), 152 F.3d 1178, 1180 (9th Cir. 1998). We affirm.

The BAP properly dismissed the appeals as moot because Lionel did not seek or obtain a stay pending appeal and the settlement agreement has been fully executed, including the distribution of funds to third parties, rendering the bankruptcy court unable to fashion effective and equitable relief. See Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 677 F.3d 869, 880-81 (9th Cir. 2012) (discussing equitable mootness).

Appellees' motion for leave to file a limited surreply is denied.

AFFIRMED.


Summaries of

In re City of Vallejo

United States Court of Appeals, Ninth Circuit
Dec 31, 2013
551 F. App'x 339 (9th Cir. 2013)
Case details for

In re City of Vallejo

Case Details

Full title:In re: CITY OF VALLEJO, CA, Debtor, v. CITY OF VALLEJO, CA; INTERNATIONAL…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 31, 2013

Citations

551 F. App'x 339 (9th Cir. 2013)

Citing Cases

Franklin High Yield Tax–Free Income Fund v. City of Stockton (In re City of Stockton)

Id . at *5. This panel and the Ninth Circuit applied equitable mootness in a chapter 9 appeal in Lionel v.…