Pacific Thomas Corporation v. Randall C. M. Whitney ( 2018 )


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  •                              NOT FOR PUBLICATION                         FILED
    UNITED STATES COURT OF APPEALS                       MAY 24 2018
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    In re: PACIFIC THOMAS                           No. 17-60063
    CORPORATION,
    BAP No. 16-1255
    Debtor.
    ______________________________
    MEMORANDUM*
    RANDALL C.M. WHITNEY,
    Appellant,
    v.
    KYLE EVERETT, Trustee,
    Appellee.
    Appeal from the Ninth Circuit
    Bankruptcy Appellate Panel
    Brand, Jury and Faris, Bankruptcy Judges, Presiding
    Submitted May 15, 2018**
    Before:      SILVERMAN, BEA, and WATFORD, Circuit Judges.
    Randall C.M. Whitney appeals pro se from the Bankruptcy Appellate
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Panel’s judgment affirming the bankruptcy court’s order denying Whitney’s
    motion for relief from the automatic stay. We have jurisdiction under 28 U.S.C.
    § 158(d). We dismiss.
    Our review of the record and the parties’ responses to the court’s November
    5, 2017 order to show cause reflects that this appeal is equitably moot, because the
    trustee sold the underlying property in 2014, and Whitney has failed to establish
    his standing to prosecute on behalf of the debtor a state court challenge to the city’s
    Certificates of Compliance. See Motor Vehicle Casualty Co. v. Thorpe Insulation
    Co. (In re Thorpe Insulation Co.), 
    677 F.3d 869
    , 881 (9th Cir. 2012) (factors to be
    considered when deciding whether an appeal is equitably moot).
    Whitney’s motion for an extension of time to file a reply to appellee’s
    response to the court’s order to show cause (Docket Entry No. 16) is granted. The
    reply has been filed at Docket Entry No. 17.
    DISMISSED.
    2                                     17-60063
    

Document Info

Docket Number: 17-60063

Filed Date: 5/24/2018

Precedential Status: Non-Precedential

Modified Date: 5/24/2018