Free Order - District Court of California - California

Case 3:08-cv-01194-W-CAB

Document 9

Filed 07/14/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 DYNAMIC FINANCE CORPORATION et. al., vs. Appellants, In re: NORTH PLAZA, LLC, Debtor CASE NO. 08-CV-1194 W (CAB) BANKRUPTCY NO. 04-00769-PB11 ORDER ESTABLISHING BRIEFING SCHEDULE ON APPEAL UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CHAPTER 11 TRUSTEE RICHARD KIPPERMAN, Appellee. On July 7, 2008 Appellee Richard Kipperman ("Appellee"), Chapter 11

21 Bankruptcy Trustee of the North Plaza, LLC bankruptcy estate, elected to have 22 Appellant Dynamic Finance Corporation et. al.'s ("Appellant") appeal heard by this

23 District Court pursuant to 28 U.S.C. § 158(c)(1)(B). (Doc. No. 1.) Appellant appeals 24 United States Bankruptcy Judge Peter W. Bowie's May 30, 2008 Order compelling 25 production of documents that Appellants argue are protected by attorney-client

26 privilege. 27 On July 11, 2007, after unsuccessfully petitioning the Bankruptcy Court, 28 Appellants moved this Court for an order staying Judge Bowie's May 30, 2008 Order
-108cv1194W

Case 3:08-cv-01194-W-CAB

Document 9

Filed 07/14/2008

Page 2 of 2

1 until the appeal is exhausted. (Doc. No. 3.) That motion is currently pending and the 2 parties and Court have settled on an expedited briefing schedule. Additionally, both 3 parties have reasonably agreed to stay Judge Bowie's Order until July 25, 2008, and the 4 Court anticipates deciding Appellants' motion to stay by that time. Unless otherwise 5 notified, the Court takes the matter under submission and without oral argument. See 6 S.D. Cal. Civ. R. 7.1(d)(1). 7 In order to prevent further disruption to the bankruptcy proceedings, however, 8 the Court chooses to hear the merits of the appeal on an expedited briefing schedule. 9 Specifically, Appellants shall file and serve their opening brief by August 4, 2008. 10 Appellees shall filed and serve any reply by August 18, 2008. Unless otherwise 11 notified, the Court takes the matter under submission and without oral argument. See 12 S.D. Cal. Civ. R. 7.1(d)(1). 13 14 15 16 DATED: July 14, 2008 17 18 19 20 21 22 23 24 25 26 27 28
-208cv1194W

IT IS SO ORDERED.

Hon. Thomas J. Whelan United States District Judge