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In Re Marciano
December 20, 2012
IN RE MARCIANO
Bk. Case No. 1:11-BK-10426-VK
The opinion of the court was delivered by: Honorable A. Howard Matz, U.S. District Judge
Present: The Honorable A. HOWARD MATZ, U.S. DISTRICT JUDGE
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)
Appellant-Debtor Georges Marciano appeals from an order of the bankruptcy court allowing Bankruptcy Trustee David K. Gottlieb ("the Trustee") to file under seal certain documents that Marciano contends were illegally seized from him and/or third parties in Montreal, Quebec.*fn1 Because the order being appealed is not final, the Court DISMISSES Marciano's appeal for lack of jurisdiction.
The Trustee's agents obtained the documents in question pursuant to a warrant issued by Justice Chantal Corriveau of the Superior Court of Quebec. After the seizure, Justice Mark Schrager, also of the Quebec Superior Court, granted Marciano's motion to quash the warrant and ordered the Trustee's agents to return all of the seized property.
The Trustee's agents appealed Justice Schrager's ruling.*fn2
In the meantime, the Trustee filed a motion in the bankruptcy
court seeking to use some of the seized documents. In its motion, the
Trustee contended that the documents tended to show that CKSM Family
Trust is an alter ego of Marciano. At the hearing, the Trustee also
argued that some of the documents would be necessary to defend against
an anticipated motion to disqualify the Trustee. After a hearing on
the motion, the bankruptcy court ordered the Trustee to return the
documents and to file a copy in the bankruptcy court under seal
"for safekeeping." ER at 1137. The bankruptcy court further stated that it
would not review the documents "unless issues concerning the contents
of the Documents arise that would be appropriately adjudicated by this
Court." Id. (emphasis in original).
A bankruptcy court order is final and appealable "where (1) it resolves and seriously affects substantive rights and (2) finally determines the discrete issue to which it is addressed." In re Rosson, 545 F.3d 764, 797 (9th Cir. 2008). The bankruptcy court's order authorizing the Trustee to file a copy of the contested documents forpossible future by the court clearly does not "resolve and seriously affect" Marciano's substantive rights. See also In re Four Seas Ctr., Ltd., 754 F.2d 1416, 1418 (9th Cir. 1985) (a bankruptcy court order is not final if "further proceedings in the bankruptcy court will affect the scope of the order."). Marciano offers no rational argument to the contrary.
No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7-15.
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