Free Status Report - District Court of California - California

Case 5:07-cv-04084-JF

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Filed 12/19/2007

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Steven C. Finley CSB# 074391 HENNEFER, FINLEY & WOOD, LLP 425 California Street, 19th Floor San Francisco, CA 94104 Telephone: (415) 296-0111 Facsimile: (415) 296-7111 Email: [email protected] Special Counsel for Debtor and Appellant DIMAS, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

HENNEFER, FINLEY & WOOD, LLP

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ATTORNEYS AT LAW

In re: DIMAS, LLC Debtor and Appellant. RE: Bankruptcy Case: 02-51420-MM Adversary No. 02-5453 BAP No. n/a Appellant: Dimas LLC

Case No.: 5:07-CV-4084 JF APPELLANT'S STATUS REPORT

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Date: January 11, 2008 Time: 10:30 a.m. Courtroom: Hon. Jeremy Fogel

Appellant Dimas, LLC submits the following status report in connection with its appeal of the decision of the U.S. Bankruptcy Court allowing the claim of Milpitas Countryside Estates Development, Inc. ("MCED") and denying relief on the adversary proceeding brought by Dimas, LLC against MCED: I. Status of Appeal

25 26 27 28 The record on appeal, together with Statement of Issues on Appeal has now been filed in the bankruptcy court and transmitted to this court. As of this date, no briefing schedule has been set. -1STATUS REPORT

Case 5:07-cv-04084-JF

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Filed 12/19/2007

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/// II. Stay on Appeal Dimas' request for stay on appeal was denied by the bankruptcy court. Dimas' motion to this court for stay on appeal was heard on October 12, 2007, at which time the court took the

5 6 7 8 motion under submission to determine whether the stay could be granted based upon a modified supersedeas (adequate protection by funds in the estate) and whether it could or should refer this issue back to the bankruptcy court.

HENNEFER, FINLEY & WOOD, LLP

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ATTORNEYS AT LAW

Dated: December 19, 2007

Respectfully Submitted,

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HENNEFER, FINLEY & WOOD

By

s/SCF Steven C. Finley Special Counsel for Debtor and Appellant DIMAS, LLC