[00:00:00] Speaker 01:
Decision out promptly thank you honor.

[00:00:03] Speaker 00:
Thank you madam clerk In Ray Giampa Victoria Giampa pro se has not appeared for oral argument David T. Blake counsel for appellee us bank trust Celine finance LP and wolf and wyman count as counsel for appellee

[00:00:27] Speaker 01:
All right, Mr. Blake.

[00:00:29] Speaker 02:
This is one of those so far ahead moments.

[00:00:31] Speaker 01:
Right.

[00:00:32] Speaker 01:
Yes, it is.

[00:00:32] Speaker 01:
So, you know, if you'd like to tell us anything, you are free to do that.

[00:00:39] Speaker 03:
I won't burden the panel's time with a lot of discussion.

[00:00:44] Speaker 02:
You are aware that we had communication indicating that Ms.

[00:00:46] Speaker 02:
Giampa at least told us she intended to dismiss the bill, but we don't have any paperwork yet.

[00:00:51] Speaker 03:
Yeah, and that was the first point I was going to raise is that she emailed me a copy of a notice of voluntary dismissal of the appeal.

[00:01:00] Speaker 03:
And this morning I just looked at the email and I looked at the email address that she used, and it appears that she made a typo.

[00:01:07] Speaker 03:
the email address is ca9 at uscourts.gov, and she had ca0.uscourts.gov.

[00:01:14] Speaker 03:
So I can forward that to the court to provide proof of the intent to dismiss.

[00:01:19] Speaker 03:
And then I just wanted to raise one other point that, just for the record, that substantively I believe that Judge Cox, the bankruptcy court below, got this decision absolutely correct if the panel is not inclined to consider the voluntary withdrawal by Ms.

[00:01:33] Speaker 03:
Chiappa.

[00:01:35] Speaker 03:
The court analyzed the the carry her factors exactly right this case was in its infancy.

[00:01:40] Speaker 03:
We had briefed a motion to dismiss miss jump as claims and the adversary proceeding, but the court dismissed the underlying bankruptcy case before.

[00:01:51] Speaker 03:
the before she resolved that motion to dismiss on its substance.

[00:01:56] Speaker 03:
And so procedurally, where we are is there wasn't even an opportunity to raise the motion to dismiss one technical question.

[00:02:05] Speaker 02:
Am I right that technically this was the third amended complaint?

[00:02:11] Speaker 02:
I mean, if so, I mean, my only question is, should that change the carrier analysis at all?

[00:02:16] Speaker 03:
Oh, I see what you're saying.

[00:02:17] Speaker 03:
No, it does not change it.

[00:02:18] Speaker 03:
In fact, I think you're correct that it is a third amended complaint, but it is a third of the complaint in that she filed the second amended complaint under the rule that allows you to file one.

[00:02:30] Speaker 02:
It's not like Judge Cox made 27 findings or fact and conclusions of law in connection with the prior compliance, right?

[00:02:35] Speaker 02:
This is still in the infancy.

[00:02:37] Speaker 03:
Correct.

[00:02:37] Speaker 03:
The third amendment was this.

[00:02:39] Speaker 03:
The second was filed and then there were the clerk issued a notice.

[00:02:42] Speaker 03:
Hey, there's a filing deficiency.

[00:02:44] Speaker 03:
And then when Giampa refiled, it was to correct that issue.

[00:02:47] Speaker 03:
So I think technically it was the second, but she called it a third.

[00:02:51] Speaker 02:
There's very little judicial work going on here.

[00:02:53] Speaker 03:
Exactly.

[00:02:54] Speaker 03:
Especially in connection with the adversary proceeding.

[00:02:58] Speaker 03:
The main case had proceeded a fair amount along the way.

[00:03:03] Speaker 03:
So those were really the only two points that I wanted to raise.

[00:03:05] Speaker 03:
Does the panel have any questions for me?

[00:03:09] Speaker 01:
I don't have any questions.

[00:03:10] Speaker 01:
All right.

[00:03:11] Speaker 01:
Thank you very much.

[00:03:12] Speaker 03:
Thank you.

[00:03:13] Speaker 03:
Okay.

[00:03:13] Speaker 03:
Thank you very much.