United States District Court, D. Nevada
before the court is an appeal of a bankruptcy court's
order. Appellant Sper, Inc. (“Sper”) has filed an
opening brief. (ECF No. 5). Appellee Capriati Construction
Corp., Inc. (“Capriati” or “debtor”)
filed an answering brief (ECF No. 7), to which appellant
replied (ECF No. 8).
October 7, 2015, Capriati filed a voluntary petition under
Chapter 11, case number BK-S-15-15722-ABL. (ECF No. 5).
29, 2016, Capriati filed a motion for sanctions against Sper
for its refusal to appear for a properly notice deposition
and responds to requests for production of documents. (ECF
No. 5-2 at 2).
19, 2016, the bankruptcy court conducted a hearing on
Capriati's motion for sanctions and construed the motion
as a motion “to compel certain discovery in
anticipation of a continued confirmation hearing.” (ECF
Nos. 5-8 at 27; 5-10). On July 21, 2016, the bankruptcy court
entered an order granting in part Captriati's motion,
ordering, in relevant part, as follows:
FURTHER ORDERED that, to the extent the Motion seeks to
compel discovery in the form of attendance at a deposition,
the Motion is GRANTED as follows:
• The person most knowledgeable for Sper shall make
himself or herself available for, and shall appear to testify
at, a deposition conducted by Debtor's counsel.
• The deposition may be taken, at the discretion of
Debtor's counsel, either via telephone or via travel to
Jackson Hole, Wyoming, and shall be completed on or before
5:00 p.m. prevailing time on Friday July 29, 2016 Counsel to
make appropriate arrangements.
FURTHER ORDERED that Sper shall bear costs incurred in
connection with the deposition ordered herein.
(ECF No. 5-10 at 3-4).
instant appeal, appellant appeals the bankruptcy court's
order on a motion to compel discovery. (ECF No. 5).
over an appeal from an order of a bankruptcy court is
governed by 28 U.S.C. § 158. In re Rains, 428
F.3d 893, 900 (9th Cir. 2005). A district court has
jurisdiction to hear appeals from “final judgments,
orders, and decrees . . . and, with leave of the court, from
interlocutory orders and ...