City of Vallejo v. City of VallejoCity of Vallejo v. City of Vallejo
*1 Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
*2
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.)
,
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.
2 12-60042
Notes
[*] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).