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In re Soundview Elite Ltd.

United States District Court, S.D. New York

April 23, 2014

In Re: SOUNDVIEW ELITE LTD., et al., Debtors. ALPHONSE FLETCHER, JR., and GEORGE E. LADNER, Appellants,
v.
WILLIAM K. HARRINGTON, et al., Appellees

Alphonse Fletcher, Jr., Appellant, Pro se, San Francisco, CA.

George E. Ladner, Appellant, Pro se, Davidson, NC.

For William K. Harrington, Appellee: Noah Mariano Schottenstein, LEAD ATTORNEY, Department of Justice, Washington, DC; Richard Charles Morrissey, U.S. Dept. of Justice -- Office of The U.S. Trustee, New York, NY.

For Peter Anderson, as the Joint Official Liquidators of the Limited Debtors, Matthew Wright, as the Joint Official Liquidators of the Limited Debtors, Appellee: Gary Solomon Lee, Morrison & Foerster, New York, NY.

For Pasig Ltd., Appellee: Jeffrey Gleit, Kasowitz, Benson, Torres & Friedman, LLP, New York, NY.

OPINION

Page 156

OPINION AND ORDER

J. PAUL OETKEN, United States District Judge.

Pro se Appellants Alphonse Fletcher, Jr. and George E. Ladner bring this bankruptcy appeal under 28 U.S.C. § 158. Appellee William K. Harrington, United States Trustee, moves to dismiss the appeal for lack of subject matter jurisdiction. For the reasons that follow, that motion is granted.

I. Background

The following facts are relevant to the Court's jurisdiction. These facts are taken from the record and are undisputed unless otherwise noted.

Appellants are the sole directors of a series of mutual funds (collectively, the " debtors" ) that filed for Chapter 11 bankruptcy relief on September 24, 2013. On January 23, 2014, the Bankruptcy Court for the Southern District of New York entered an Order for the appointment of a Chapter 11 trustee over Appellants' objections. Fifteen days later, at 2:00 a.m. EST, February 7, 2014, Appellants emailed a notice of bankruptcy appeal (" notice" ) to the Appellees and the Bankruptcy Court. Because Appellants were on the west coast, as they understood it, the email was sent at 11:00 p.m. PST, February 6, 2014, or fourteen days after the Order was entered. The body of the email stated:

Attached is a notice of appeal from Alphonse Fletcher, Jr., pro se , and George E. Ladner, pro se , the directors of Soundview Elite, Ltd., et al. We will quickly correct any procedural missteps or make any revisions as we become aware of them. We prepared this without the assistance of Debtors' counsel.

( Trustee Brief, Ex. A.) The Bankruptcy Court's docket report reflects that the notice was " Filed 02/07/14." (Case No. ...


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