Yan Sui v. Marshack (In Re Yan Sui) , 582 F. App'x 741 ( 2014 )

FILED
NOT FOR PUBLICATION JUL 7 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: YAN SUI, No. 13-60020
Debtor, BAP No. 12-1408
YAN SUI, MEMORANDUM*
Appellant,
v.
RICHARD ALAN MARSHACK, Chapter
7 Trustee; et al.,
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kirscher, Pappas, and Dunn, Bankruptcy Judges, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
*
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).
Yan Sui appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”)
dismissal as moot of Sui’s appeal from the bankruptcy court’s order granting the
bankruptcy trustee’s motion for approval of the settlement of four state court
actions. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo the
BAP’s mootness determination, Nat’l Mass Media Telecomm. Sys., Inc. v. Stanley
(In re Nat’l Mass Media Telecomm. Sys., Inc.), 152 F.3d 1178, 1180 (9th Cir.
1998), and we affirm.
The BAP properly dismissed Sui’s appeal as moot because the settlement
agreement had been consummated and most of the underlying state court lawsuits
had been dismissed with prejudice, rendering it inequitable to consider the merits
of Sui’s appeal. 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 doctrine).
Because Sui’s appeal is moot, we do not consider his arguments on appeal
addressing the underlying merits.
We lack jurisdiction to consider the BAP’s orders denying Sui’s emergency
motion for a stay pending appeal and motion for reconsideration because Sui failed
to file a timely notice of appeal from those orders. See Fed. R. App. P. 4(a)(1),
6(b).
2 13-60020
Sui’s request for judicial notice, filed on July 19, 2013, is granted.
The trustee’s request to supplement the record on appeal and request for
judicial notice, filed on September 11, 2013, is granted.
AFFIRMED.
3 13-60020