FILED NOT FOR PUBLICATION JUL 26 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: LOMBARD FLATS, LLC, No. 14-16624

Debtor. D.C. No. 4:13-cv-04735-PJH

------------------------------ ORDER* CHEUK TIN YAN,

Plaintiff - Appellant,

v.

LOMBARD FLATS, LLC,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, Chief Judge, Presiding

Argued and Submitted July 20, 2016 San Francisco, California

Before: GRABER, and TALLMAN, Circuit Judges, and RAKOFF,** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. This appeal is DISMISSED as moot. Costs on appeal are awarded to

Defendant-Appellee and against Plaintiff-Appellant. This order shall serve as the

mandate of this court.

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