Securities & Exchange Commission v. Whitworth Energy Resources Ltd.

Good Law
33 F. App'x 839
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002Nos. 00-55999, 01-55352; D.C. No. CV-97-06980-CASCalifornia364 words

Opinion

Lead Opinion

ORDER **

For the purposes of disposition, the following appeals are no longer consolidated with the appeals in SEC v. Tosti Nos. 00-55799 and 01-55533.

Nos. 00-55999, 00-56002, and 00-56297 involve appeals from the following district court orders: (1) the April 26, 2000 Order granting Receiver’s Motion to Establish Sale Procedures and denying the Defendants’ Objections and Motion to Strike the Receiver’s January 20, 2000 Recommendations and Accounting Report; and (2) the July 17, 2000 Order Granting Receiver’s Motion to Sell Property Free and Clear of Liens. Because the sale of property has been completed, these appeals are dismissed as moot. See SEC v. Am. Capital Invs., Inc., 98 F.3d 1133 , 1142 (9th Cir.1996) (dismissing as moot appeals from a sale confirmation order in a receivership proceeding).

Aso appealed in No. 00-56002 is the April 26, 2000 Order denying the Motion to Request a Ruling on Defendants’ Ordinary and Necessary Living Expenses. We lack jurisdiction over this appeal because the order does not finally resolve Appellants’ rights to assets in receivership. See FTC v. Overseas Unlimited Agency, Inc., 205 F.3d 1107 , 1112 (9th Cir.2000) (order must finally…

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