Opinion
Case No. 2:04-CV-641 PGC.
December 6, 2004
ORDER DISMISSING APPEAL
In adversary proceeding number 03-2082, the Bankruptcy Court granted Los Angeles Homeowners Aid's motion to compel discovery responses from Heatland Trust. The bankruptcy court also awarded Los Angeles Homeowners Aid attorney's fees and costs incurred in bringing the motion to compel. Holli Lundahl and Jim Keddington appeal from these rulings.
As an initial matter, the court finds Holli Lundahl has no standing in this appeal. Jim Keddington's Notice of Appeal contained a request that his appeal be consolidated with Ms. Lundahl's appeal in case number 2:04-CV-00247 PGC, but consolidation was never ordered by the court. Additionally, Ms. Lundahl voluntarily dismissed this case. And although the opening brief made reference to another of Ms. Lundahl's appeals — case number 2:04-CV-00805 PGC — the court dismissed this appeal for lack of jurisdiction on 11/01/04. Because Ms. Lundahl has no standing in this matter, the court will not address any issues relating to her in this appeal.
As for appellant Jim Keddington, the court finds that he also lacks standing to bring this appeal because he was not allowed to represent Heatland Trust in the underlying Bankruptcy proceedings. And even if Mr. Keddington had proper standing, the court lacks appellate jurisdiction to review the challenged Bankruptcy Court rulings because the discovery and interim fee award orders were not "final" decisions for purposes of 28 U.S.C. § 158(a). This appeal is accordingly dismissed and the Clerk of Court is directed to CLOSE this case.
Bankruptcy Docket Entry No. 175.
See Forseen, Inc. v. John Hancock Mutual Life Insurance Co., 81 B.R. 903 (N.D.Ill. 1987); First National Bank of Atlanta v. AMR Group Co., Inc., 67 B.R. 311 (S.D.Geo. 1996).