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In Re Mendocino Coast Recreation Chapter 9 v. Mendocino Coast Recreation and Park District

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO OR OAKLAND DIVISION


October 9, 2012

IN RE MENDOCINO COAST RECREATION CHAPTER 9 AND PARK DISTRICT,
DEBTOR. WESTAMERICA BANK,
APPELLANT,
v.
MENDOCINO COAST RECREATION AND PARK DISTRICT,
APPELLEE.

Appeal No. CV 12-02591 CW Appeal from the United States Bankruptcy Court for the Northern District of California, Santa Rosa Division

The opinion of the court was delivered by: Claudia Wilken Wilkin United States District Judge

ORDER GRANTING MOTION FOR LEAVE TO APPEAL PURSUANT TO FED. R. BANKR. PROC. 8001 AND 8003

PRINTED ON

Order Granting Motion for Leave to Appeal Appeal No. CV 12-02591 CW

RECYCLED PAPER

SF 1330607v1 60424-0058 EXHIBIT C

The Motion for Leave to Appeal Pursuant to Fed. R. Bankr. Proc. 8001 and 8003 22 2 (the "Motion") filed by appellant WESTAMERICA BANK (the "Appellant") in the bankruptcy 33 case below having been served on counsel for appellee MENDOCINO COAST RECREATION AND 44 PARK DISTRICT (the "Appellee"); proof of that service having been filed in the bankruptcy case 5 5 below in accordance with Fed. R. Bankr. Proc. 8008(d); the time within which an answer of the 6 6 Appellee in opposition to the Motion could timely be filed in the bankruptcy case below 7 7 pursuant to Fed. R. Bankr. Proc. 8003(a) having expired without such an answer then or 8 8 thereafter having been filed; the Motion having been transmitted to this Court by the clerk of 9 9 the bankruptcy court below pursuant to Fed. R. Bankr. Proc. 8003(b) and submitted and 10 100 considered by this Court without oral argument as contemplated by that rule; and good cause 11 11 11 appearing,

IT IS ORDERED that the Motion is GRANTED and the within appeal shall proceed in accordance with Part VIII of the Fed. R. Bankr. Proc.

20121009

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