Robert Hunt v. David Goodrich

FILED NOT FOR PUBLICATION MAR 30 2015 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In the Matter of: ROBERT W. HUNT, No. 13-56778 M.D., A Medical Corporation, D.C. No. 2:12-cv-08619-AG Debtor, MEMORANDUM* PELI POPOVICH HUNT, pro se, an individual, Agent and Trustee, Appellant, v. DAVID M. GOODRICH, Chapter 7 Trustee of the Estate of Robert W. Hunt, MD a medical corporation, Appellee. Appeal from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding Submitted March 10, 2015** * 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). Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges. Peli Popovich Hunt, individually and as trustee of the Robert and Peli Hunt Living Trust, appeals pro se from the district court’s order dismissing her appeal from the bankruptcy court’s order granting a preliminary injunction to Chapter 7 trustee David M. Goodrich. We have jurisdiction under 28 U.S.C. § 158. We review de novo whether a case is moot, Demery v. Arpaio, 378 F.3d 1020, 1025 (9th Cir. 2004), and we dismiss. This appeal is moot because the bankruptcy court has entered final judgment, which Hunt has not appealed. See Church of Scientology of Cal. v. United States, 506 U.S. 9, 12 (1992) (appeal must be dismissed for mootness if it is impossible for the appellate court to grant any effectual relief to the prevailing party); Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1450 (9th Cir. 1992) (when underlying claims have been decided, the reversal of a preliminary injunction would have no practical effect, and is moot). Goodrich’s request for judicial notice, filed August 19, 2014, is granted. Hunt’s motion to supplement the record and request for judicial notice, filed June 12, 2014, and her motion to redact the July 25, 2014 Proof of Service and second request for judicial notice, filed August 11, 2014, are denied. 2 13-56778 Appellant’s motion to recall the mandate, filed November 15, 2014, is denied. DISMISSED. 3 13-56778