Gilliam v. Robinson
Appellee: George R. Robinson
In Re: In The Matter Of:
Appellant: William H. Gilliam
Case Number: 1:2020cv00194
Filed: April 29, 2020
Court: US District Court for the District of Hawaii
Presiding Judge: WES REBER PORTER
Referring Judge: J MICHAEL SEABRIGHT
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:1334
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2020 Filing 9 TRANSMITTAL OF DOCUMENTS FOR PENDING APPEAL FROM BANKRUPTCY COURT; Bankruptcy Court Case Number: 19-01366 (Attachments: #1 Order Denying "Motion to Stay Orders Appealed", filed on May 15, 2020) (jo)
June 22, 2020 Filing 8 EO: On June 1, 2020, a Certificate of Readiness was filed by the United States Bankruptcy Court for the District of Hawaii as to Appellant William Gilliam's appeal of several Bankruptcy Court rulings. ECF No. #7 . A hearing on the Appeal is set for September 21, 2020, at 11:00 a.m. Appellant's opening brief shall be filed and served by July 22, 2020, Appellee's answering brief is due by August 21, 2020, and Appellant's reply is due by September 4, 2020.Given the current public health crisis, the court will notify the parties in due course whether the September 21, 2020 hearing will be held in court, by video conference, by telephone conference, or whether the matter will be submitted without a hearing under Local Rule 7.1(c). (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
June 1, 2020 Filing 7 U.S. Bankruptcy Court's Certificate of Readiness (Attachments: #1 Notice of Appeal and Statement of Election, #2 Order Denying Debtor's Motion For Turnover and Order to Show Cause, #3 Order Granting State Court Receiver's Motion For Order Determining Real Property Located at 5050 Lawai Road, Apt. 209, Koloa Hawaii Is Not Property of the Bankruptcy Estate and Automatic Stay Does Not Apply, #4 Order Denying Debtor's Motion to Reconsider, #5 Order Granting Relief from Stay, #6 Appellant's Designation Record Statement of Issues, #7 Appellee George R. Robinson's Designation of Additional Items to be Included in the Record, #8 Docket Sheet - Bankruptcy Petition #19-01366) (jo)
May 19, 2020 Filing 6 EO: On May 17, 2020, Appellant Debtor William Gilliam ("Gilliam") filed a "Motion to Expedite Appeal and Treat as Emergency the Motion to Stay Orders and to Allow Appellant PACER Privileges," ECF No. #5 ("Motion to Expedite"). Although it was received by the court on May 17, 2020, the Motion to Expedite was docketed on May 18, 2020, after the court had already entered an order denying without prejudice Gilliam's motion to stay bankruptcy court orders pending appeal. See ECF No. #6 (ruling on Gilliam's motion to stay, ECF No. #3 ).Upon review of the Motion to Expedite, the court re-affirms its decision to deny Gilliam's motion to stay bankruptcy court orders without prejudice. That is, the Motion to Expedite is DENIED to the extent it seeks to stay the bankruptcy court orders that are the subject of this appeal. The court will allow the bankruptcy court to consider the stay issue in the first instance. See Fed. R. Bankr. P. 8007.To the extent the Motion to Expedite requests that this court consider the bankruptcy appeal before this court receives a certificate of readiness from the bankruptcy court, the Motion is also DENIED. Gilliam's motion does not demonstrate a need to consider the appeal without the proper record. And as provided by Gilliam, the court notes that the Hawaii Intermediate Court of Appeals has stayed a writ of possession or sale until at least May 31, 2020 in accordance with the Governor's applicable emergency proclamations regarding COVID-19. See ECF No. 5-1 at PageID #38.Finally, the court DENIES the request "to allow Pacer/ECF privileges to file in this matter." ECF No. 5 at PageID #34. Plaintiff, proceeding pro se, has failed to demonstrate good cause to allow him to participate in electronic filing, and has been able to complete filing by conventional means. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
May 18, 2020 Filing 4 EO: On May 14, 2020, Appellant Debtor William Gilliam ("Gilliam") filed a motion entitled "Motion to Stay Orders Appealed," ECF No. #3 , seeking to stay the orders of the U.S. Bankruptcy Court that are presently on appeal to this court.The motion is captioned as being "In the United States Bankruptcy Court for the District of Hawaii," id. at PageID #27, and the Bankruptcy Court's records reflect that an identical motion seeking to stay the orders was filed in that court on May 15, 2020, and is now pending in that court. See In re. Gilliam, Bk No. 19-01366 (Bankr. D. Haw. May 15, 2020) (Docket No. 129).Under Federal Rule of Bankruptcy Procedure 8007, a party seeking a stay of a bankruptcy court order pending appeal "[o]rdinarily,... must move first in the bankruptcy court[.]" Fed R. Bankr. P. 8007(a)(1)(A). And although such a motion may also "be made in the court where the appeal is pending," id., 8007(b)(1), that motion must:"(A) show that moving first in the bankruptcy court would be impracticable; or (B) if a motion was made in the bankruptcy court, either state that the court has not yet ruled on the motion, or state that the court has ruled and set out any reasons given for the ruling."Id., 8007(b)(2).Gilliam has not complied with Rule 8007(b)(2)--he has not shown that it would be impracticable to move first in the Bankruptcy Court, nor did he explain that he has a pending motion before the bankruptcy court (although he might have filed the District Court motion a day before the Bankruptcy Court motion).Accordingly, the court DENIES the motion to stay, ECF No. #3 , without prejudice. The court will allow the Bankruptcy Court to rule on the motion first. See, e.g., In re Rivera, 2015 WL 6847973, at *2 (N.D. Cal. Nov. 9, 2015) (denying Rule 8007(b) motion, reasoning in part that "[t]he reason for requiring that the initial application be made to the Bankruptcy Court is obvious.... [t]he reviewing court should have the benefit of the learning of the lower court, which is more familiar with the parties, facts and legal issues.") (citations omitted that apply the prior Rule 8005 regarding stay motions). If necessary, Gilliam may seek appropriate relief with this court after the Bankruptcy Court rules on the stay motion pending before it. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
May 17, 2020 Filing 5 MOTION to Expedite Appeal and Treat as Emergency The Motion To Stay Orders and to Allow Appellant PACER Privileges, Exibit A ICA May 14, 2020 - filed by Appellant William H. Gilliam (Attachments: #1 Exhibit A) (jo)
May 14, 2020 Filing 3 MOTION to Stay Orders Appealed - filed by Appellant William H. Gilliam (jo)
April 29, 2020 Filing 2 NOTICE of Case Assignment: Please reflect Civil Case Number CV 20-00194 JMS-WRP on all further pleadings. (jo)
April 29, 2020 Filing 1 NOTICE OF TRANSMITTAL TO DISTRICT COURT: NOTICE OF APPEAL FROM BANKRUPTCY COURT Bankruptcy Court Case Number: 19-01366 - filed by William H. Gilliam (Attachments: #1 Notice of Appeal and Statement of Election, #2 Order Denying Debtor's Motion For Turnover and Order to Show Cause, #3 Order Granting State Court Receiver's Motion For Order Determining Real Property Located at 5050 Lawai Road, Apt. 209, Koloa Hawaii Is Not Property of the Bankruptcy Estate and Automatic Stay Does Not Apply, #4 Order Denying Debtor's Motion to Reconsider, #5 Order Granting Relief From Stay, #6 Docket Sheet) (jo)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System

Search for this case: Gilliam v. Robinson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Appellee: George R. Robinson
Represented By: Alika L. Piper
Represented By: Simon Klevansky
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
In re: In The Matter Of:
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Appellant: William H. Gilliam
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?