In re: KENNY GENTERPRISES, LLC v. THOMAS H. CASEY, Chapter 7 Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: KENNY G ENTERPRISES, LLC,
Debtor.
______________________________
KENNETH GHARIB,
Appellant,
v.
THOMAS H. CASEY, Chapter 7 Trustee,
Appellee.
No. 18-55181
D.C. No. 8:15-cv-00551-GW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
George H. Wu, District Judge, Presiding
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
Kenneth Gharib appeals pro se from the district court’s judgment dismissing
his appeal of the bankruptcy court’s initial contempt order. We have jurisdiction
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-55181
under 28 U.S.C. § 158(d). We affirm.
The district court properly dismissed Gharib’s appeal of the bankruptcy
court’s initial contempt order after remand from this court. The district court
addressed the bankruptcy court’s enforcement of monetary sanctions and detention
for Gharib’s contempt in separate appeals from the bankruptcy court, and the
record reflects that no issues remained that required further action from the district
court.
We reject as without merit Gharib’s contention that the district court should
not have dismissed this appeal while his related appeals were still pending.
We do not consider documents not filed with the district court. See United
States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990).
Gharib’s motion to file a corrected opening brief (Docket Entry No. 14) is
granted. The Clerk shall file the opening brief and exhibits submitted at Docket
Entry No. 15, the answering brief and supplemental excerpts of record submitted at
Docket Entry Nos. 9 and 10, and the reply brief and exhibits submitted at Docket
Entry No. 13.
Gharib’s request for clarification of the briefing schedule (Docket Entry
No. 6) is denied as unnecessary.
AFFIRMED.

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