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In Re: Georges Marciano

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


July 26, 2012

IN RE: GEORGES MARCIANO

The opinion of the court was delivered by: Present: The Honorable A. Howard Matz, U.S. District Judge

CIVIL MINUTES - GENERAL

Stephen Montes Not Reported

Deputy Clerk Court Reporter / Recorder Tape No. Attorneys NOT Present for Plaintiffs: Attorneys NOT Present for Defendants:

Proceedings: IN CHAMBERS (No Proceedings Held)

The Debtor-Appellant appeals Judge Kaufman's Order (Dkt. 318) denying his motion to remove David Gottlieb, the Chapter 11 trustee, in this involuntary bankruptcy proceeding. Judge Kaufman's denial of that motion is an interlocutory order, not a final order. In re SK Foods L.P., 676 F.3d 798, 802 (9th Cir. 2012). The same is true of Judge Kaufman's order (Dkt. 320) denying appellant's motion to disqualify the Trustee's counsel. Id.

Pursuant to 28 U.S.C. § 158(a), a district court has jurisdiction to hear appeals from interlocutory orders "with leave of the court." Under Section 158(a), a district court's exercise of jurisdiction over an appeal of an interlocutory order is discretionary. This Court declines to grant such leave and therefore dismisses the appeals from these orders for lack of jurisdiction.

IT IS SO ORDERED.

Initials of Preparer

20120726

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