Opinion
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NOT FOR PUBLICATION.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.
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.