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Sper, Inc. v. Capriati Construction Corp., Inc.

United States District Court, D. Nevada

April 19, 2017

SPER, INC., Appellants,
v.
CAPRIATI CONSTRUCTION CORP, INC., Appellees. In re CAPRIATI CONSTRUCTION CORP., INC. Debtor. Appeal Reference 16-45 BK-S-15-15722-ABL

         Chapter 11

          ORDER

         Presently 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).

         I. Background

         On October 7, 2015, Capriati filed a voluntary petition under Chapter 11, case number BK-S-15-15722-ABL. (ECF No. 5).

         On June 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).

         On July 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:

         IT IS 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.

         IT IS FURTHER ORDERED that Sper shall bear costs incurred in connection with the deposition ordered herein.

(ECF No. 5-10 at 3-4).

         In the instant appeal, appellant appeals the bankruptcy court's order on a motion to compel discovery. (ECF No. 5).

         II. Legal Standard

         Jurisdiction 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 ...


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