Shoulberg v. Am. Soc'y for the Prevention of Cruelty to Animals

MEMORANDUM & ORDER  Appellant Alexis Tracey Shoulberg, proceeding pro se, filed this appeal on August 9, 2017, arising from a bankruptcy proceeding in the United States Bankruptcy Court for the Eastern District of New York (the “Bankruptcy Court”), under Chapter 7 of the United States Bankruptcy Code, 11 U.S.C. §101 et seq. (Notice of Appeal, Docket Entry No. 1.) Appellant filed for Chapter 7 bankruptcy on April 26, 2017 (the “Bankruptcy Proceeding”), naming Appellee, the American Society for the Prevention of Cruelty to Animals (the “ASPCA”) as a creditor. See In re Alexis Tracey Shoulberg, No. 1-17-BK-42057 (Bankr. E.D.N.Y. filed April 26, 2017). During the Bankruptcy Proceeding, Appellee filed a motion seeking relief from the automatic stay pursuant to Bankruptcy Code Section 362 (the “Lift Stay Motion”), allowing it to pursue a security post (“Bond Action”) in a previously filed related criminal proceeding.¹ (Order Granting in Part Mot. for Relief from the Automatic Stay (“Bankruptcy Court’s Order”), annexed to Notice of Appeal, Docket Entry No. 1-4.) On July 25, 2017, the Honorable Elizabeth S. Strong granted in part and denied in part Appellee’s Lift Stay Motion. (Bankruptcy Court’s Order 4.) Appellant appeals from the Bankruptcy Court’s Order lifting the stay and permitting the Appellee to pursue its rights in the criminal proceeding and Bond Action. Appellee moves to dismiss the appeal for failure to comply with the orders of this Court and the Federal Rules of Bankruptcy Procedure, and because the appeal is moot. (Appellee Mot. to Dismiss, Docket Entry No. 13; Appellee Mem. in Supp. of Appellee Mot. (“Appellee Mem.”)4, Docket Entry No. 14.) For the reasons set forth below, the Court dismisses the appeal.I. Backgrounda. Factual backgroundThis dispute concerns the ownership of five Yorkshire Terriers (the “Dogs”). (See generally Appellant Am. Opp’n. (“Am. Opp’n.”), Docket Entry No. 32.) Appellant left the Dogs in the care of a friend on July 5, 2016. (Id.8.) On July 11, 2016, the ASPCA employees impounded the Dogs and brought them to the ASPCA. (Appellant Letter dated Dec. 25, 2017 (“Appellate Br.”)