FILED
NOT FOR PUBLICATION OCT 14 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WELLS FARGO BANK, NA, No. 12-17381
Appellant, D.C. No. 4:11-cv-00641-FRZ
v.
MEMORANDUM*
MARIPOSA ROAD SELF-STORAGE
ASSOCIATES LLC; et al.,
Debtors - Appellees,
MAX CHRIS MONSON and IRENE
MURRAY MONSON,
Appellees.
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, Senior District Judge, Presiding
Submitted October 8, 2014**
Phoenix, Arizona
Before: D.W. NELSON, SILVERMAN, and M. SMITH, 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).
Wells Fargo Bank, NA, appeals the district court’s order dismissing as moot
its appeal of the bankruptcy court’s order confirming the appellees’ joint plan of
reorganization. We review de novo, Rosemere Neighborhood Ass'n v. U.S. Envtl.
Prot. Agency, 581 F.3d 1169, 1172 (9th Cir. 2009), and we reverse and remand.
Wells Fargo suggests that relief is available, should its objections to
confirmation be sustained, because the debtors could be directed to pay it
additional money under the plan either as it currently reads, or through some
modification. We agree that the possibility of resolution by money damages is
sufficient to present a live controversy. See In re Thorpe Insulation Co., 677 F.3d
869, 883 (9th Cir. 2012); In re Spirtos, 992 F.2d 1004, 1006 (9th Cir. 1993).
Accordingly, the order of the district court, dated September 27, 2012, is
reversed, and this matter is remanded for further proceedings.
REVERSED and REMANDED.