Opinion
District Court Case No.: 2:03CV 1030, (Bankruptcy Appeal), [Bankruptcy Case No. 03-38622]
May 26, 2004
ORDER
A hearing was held before this Court on May 14, 2004, to consider the motion to intervene and to revoke temporary restraining order filed by Depot Associates, LLC and to consider the motion for order declaring that the TRO has dissolved by its own terms or by operation of law, or for order dissolving or modifying TRO, and motion for order dismissing the interlocutory appeal, filed by Granite Stone, L.C. in which others joined. Appearances of counsel were made on the record along with others noting their attendance. This Court having considered the pending motions and related papers filed in this bankruptcy appeal, along with its prior orders, and having considered the arguments of counsel, made its findings and conclusions on the record of the hearing, including that this Court will not micromanage the decisions of the Bankruptcy Court and that the Bankruptcy Court should continue to decide all issues in this bankruptcy case, and for the reasons set forth on the record it is hereby:
(1) ORDERED that this Court's order, entered March 8, 2004, granting leave for an interlocutory appeal is rescinded; and
(2) ORDERED further that the motion to dissolve the Stipulated Temporary Restraining Order, entered January 9, 2004, is granted; and
(3) ORDERED further that the motion of Depot Associates, LLC to intervene in this appeal is denied; and
(4) ORDERED further that the motion to dismiss this appeal is granted.
IT IS SO ORDERED.