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Cangelosi v. Silar Advisors, LP (In re USA Commercial Mortgage Co.)

Citation: 395 F. App'x 400Docket: Nos. 09-15632, 09-16897, 09-17382, 09-73419, 10-15253, 10-15496, 10-15497, 10-15500, 10-15735

Court: Court of Appeals for the Ninth Circuit; September 8, 2010; Federal Appellate Court

Narrative Opinion Summary

The court has issued an order regarding the consolidation and severance of multiple appeals. Appeal No. 09-15632 has been severed from the previously consolidated appeals, which include Nos. 09-16897, 09-17382, 10-15253, 10-15496, 10-15497, 10-15500, and 10-15735. The court also directed that petition No. 09-73419 be calendared alongside these consolidated appeals. Briefing for the remaining consolidated appeals is currently stayed, pending the court's earlier order from August 23, 2010, which requires new counsel for Appellants Asset Resolution, LLC to file a notice of appearance.

Legal Issues Addressed

Calendaring of Petitions with Consolidated Appeals

Application: The court ordered the coordination of scheduling by calendaring a separate petition to be heard alongside the consolidated appeals.

Reasoning: The court also directed that petition No. 09-73419 be calendared alongside these consolidated appeals.

Consolidation and Severance of Appeals

Application: This case addresses the procedural steps taken by the court to manage multiple appeals by severing one appeal from a group of consolidated appeals.

Reasoning: Appeal No. 09-15632 has been severed from the previously consolidated appeals, which include Nos. 09-16897, 09-17382, 10-15253, 10-15496, 10-15497, 10-15500, and 10-15735.

Stay of Briefing in Consolidated Appeals

Application: The court has put on hold the briefing schedule for consolidated appeals pending the fulfillment of a condition regarding legal representation.

Reasoning: Briefing for the remaining consolidated appeals is currently stayed, pending the court's earlier order from August 23, 2010, which requires new counsel for Appellants Asset Resolution, LLC to file a notice of appearance.