Legal Opinion
Comerica Bank v. Red Mountain MacHinery Co. (In Re Red Mountain MacHinery Co.)
District Court, D. Arizona
Decided March 29, 2012No. CV 11-1079-PHX-JAT. Bankruptcy No. 2:09-bk-19166-RLH. Adversary No. 2:09-ap-00941-CGCPublishedCited by 2 opinions
1Opinion of the Court
ORDER
JAMES A. TEILBORG, District Judge.
Pending before the Court is Appellees’ motion to dismiss this appeal for mootness (Doc. 41). Also pending is Appellees’ motion to dismiss the appeal of the bankruptcy court’s ruling on the § 1111(b) election as untimely (Doc. 23). Finally, both parties have fully briefed the merits of the appeal (Docs. 21, 25, and 40).
I. Motion to Dismiss for Mootness
A. Law Governing Equitable Mootness
Appellees argue this appeal should be dismissed because it is moot based on equitable considerations.
On the issue of equitable mootness, the Ninth Circuit Court of Appeals…
2Cases cited15 opinions
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- In the Matter Of: Unr Industries, Inc., Debtors. Appeals of Unarco Bloomington Factory WorkersCourt of Appeals for the Seventh Circuit · 1994
- In Re Roberts Farms, Inc.Court of Appeals for the Ninth Circuit · 1981
- In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
- In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. National Broadcasting Company Inc. Abc Inc. Paxson Communications Inc.Court of Appeals for the Ninth Circuit · 2004
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3Cited by2 opinions
- CRESTWOOD HOSPITALITY LLCUnited States Bankruptcy Court, D. Arizona · 2025
- In re United Hauling LLC v. Iron Rings Holdings LLC, IG Holdings, Inc.District Court, D. Arizona · 2026