In the Matter of: YELLOWSTONE MOUNTAIN CLUB, LLC v. Timothy L. Blixseth

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In the Matter of: YELLOWSTONE
MOUNTAIN CLUB, LLC,
Debtor.
BRIAN A. GLASSER, Trustee of the
Yellowstone Club Liquidating Trust,
Plaintiff - Appellee,
v.
TIMOTHY L. BLIXSETH,
Defendant - Appellant.
No. 16-35034
D.C. No. 2:13-cv-00068-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted February 9, 2016 **
FILED
FEB 09 2016
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).
AT/MOATT

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Before: GRABER, RAWLINSON, and FRIEDLAND, Circuit Judges.
Upon review of the response to the court’s January 19, 2016 order to show
cause and the briefs, we conclude that Blixseth’s appeal from the district court’s
December 30, 2015 order is not reviewable as a recalcitrant witness appeal under
28 U.S.C. § 1826. Accordingly, we dismiss this appeal for lack of jurisdiction.
See United States v. Craddick, 842 F.2d 1157 (9th Cir. 1988); SEC v. Elmas
Trading Corp., 824 F.2d 732 (9th Cir. 1987).
DISMISSED.
AT/MOATT 16-35034

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