In re: CITY OF VALLEJO, CA v. City of Vallejo, Ca; International Association of Firefighters Iaff Union Local 1186

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: CITY OF VALLEJO, CA,
Debtor,
MICHAEL LIONEL,
Appellant,
v.
CITY OF VALLEJO, CA;
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS IAFF UNION LOCAL
1186,
Appellees.
No. 12-60042
BAP Nos. 12-1020, 12-1021
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kirscher, Jury, and Pappas, Bankruptcy Judges, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
FILED
DEC 31 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Michael Lionel, a creditor and member of the International Association of
Firefighters IAFF Union Local 1186 (“IAFF”), appeals pro se from the Bankruptcy
Appellate Panel’s (“BAP”) order dismissing as moot his appeals of the bankruptcy
court’s orders regarding a settlement agreement between Chapter 9 debtor City of
Vallejo and IAFF. We have jurisdiction under 28 U.S.C. § 158(d). We review de
novo a determination that an appeal from a bankruptcy court decision is moot.
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). We affirm.
The BAP properly dismissed the appeals as moot because Lionel did not
seek or obtain a stay pending appeal and the settlement agreement has been fully
executed, including the distribution of funds to third parties, rendering the
bankruptcy court unable to fashion effective and equitable relief. 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).
Appellees’ motion for leave to file a limited surreply is denied.
AFFIRMED.
12-60042 2

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