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Carl Green v. John Fitzgerald, et al
State: Massachusetts
Court: Massachusetts District Court
Docket No: 1:2012cv10604
Case Date: 03/18/2013
Plaintiff: Carl Green
Defendant: John Fitzgerald, et al
Specialty: )
Preview:UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS __________________________________________ ) CARL GREEN, ) ) Appellant, ) ) v. ) Civil Action No. 12-10604-DJC ) Civil Action No. 12-10835-DJC ) STEPHEN S. GRAY, ) Chapter 11 Trustee of ) LocatePlus Holdings Corp., et al., ) ) Appellees. ) __________________________________________)

Casper, J. MEMORANDUM OF DECISION I. Introduction

March 18, 2013

Appellant Carl Green ("Green") now appeals two orders of the bankruptcy court allowing motions by Appellee Trustee Stephen S. Gray, duly appointed Chapter 11 trustee of the LocatePlus Holdings Corp. (the "Trustee"). In the first of these appeals (No. 12-10604), Green appeals the final order of the bankruptcy court, entered on September 30, 2011, authorizing the auction and sale of the debtors' assets. In the second of his appeals (No. 12-10835), Green appeals the bankruptcy court's order authorizing the Trustee to employ the law firm of Verrill Dana LLP and Thomas H. Hoffman as co-special counsel in the underlying matter. For the reasons stated below, the Court AFFIRMS the order in No. 12-10604 and DISMISSES the appeal in No. 12-10835.

1

II.

Factual Background A. Course of Relevant Bankruptcy Filings and Proceedings This case and the related cases have an extensive history in the bankruptcy, but this Court

recites only the portion of that history relevant to the matters now presented on appeal. On June 16, 2011, LocatePlus Holding Corporation ("LocatePlus") and certain of its affiliated entities (collectively, "the Debtors") filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Massachusetts ("bankruptcy court"). D. 2 at 2. 1 On July 15, 2011, the bankruptcy court appointed the Trustee as the chapter 11 trustee for the Debtors pursuant to 11 U.S.C.
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