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15-033 - In re: Tri-State Financial, LLC


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15-033 - In re: Tri-State Financial, LLC
January 30, 2015
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ORDER that Case Nos. 8:15-cv-33; 8:15-cv-38, and 8:15-cv-39 are hereby consolidated for briefing. Case No. 8:15-cv-33 shall be designated as the "Lead Case." Case Nos. 8:15-cv-38 and 8:15-cv-39 are hereby designated as the "Member Cases." The Court's CM/ECF System now has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file in the Lead Case, No. 8:15-cv-33, all further documents and to select the option "yes" in response to the System's question whether to spread the text. (The parties may not, however, use the spread text feature to pay filing fees electronically.) If a party believes that an item should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more individual member cases. The motion must be filed in all the consolidated cases using the spread text feature. The parties shall designate the record on appeal pursuant to Fed. R. Bankr. P. 8009 and shall file briefs pursuant to Fed. R. Bankr. P. 8014 et seq. Member Cases: 8:15-cv-00033-JMG, 8:15-cv-00038-JMG, 8:15-cv-00039-JMG Ordered by Judge John M. Gerrard. (CS)
May 21, 2015
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ORDER that the Dismissal of Appeal filed by appellants American Interstate Bank and James G. Jandrain 35, construed as a motion for voluntary dismissal, is granted. The appeals of American Interstate Bank and James G. Jandrain are dismissed. No costs will be assessed. Ordered by Judge John M. Gerrard. (JSF)
September 6, 2016
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MEMORANDUM AND ORDER - The Court defers to the BAP's decision that the bankruptcy court did not exceed the BAP's mandate and did not fail to follow the law of the case. The Court concludes the bankruptcy court did not err in concluding by Judge Robert F. Rossiter, Jr.. (GJG)the investors failed to provide clear and convincing evidence of an express, resulting, or constructive trust. The bankruptcy court's order and judgment are AFFIRMED. Member Cases: 8:15-cv-00033-RFR, 8:15-cv-00038-RFR, 8:15-cv-00039-RFROrdered