Heller Ehrman LLP v. K. Neuman

Opinion

FILED

NOT FOR PUBLICATION

AUG 07 2017

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HELLER EHRMAN LLP, Liquidating No. 15-17124 Debtor, D.C. No. 3:14-cv-04002-CRB Petitioner-Appellant, Northern District of California, San Francisco

v.

K. WILLIAM NEUMAN, ORDER AMENDING MEMORANDUM DISPOSITION

Respondent-Appellee. AND DENYING PETITION FOR PANEL REHEARING

Before: WALLACE, McKEOWN, and BYBEE, Circuit Judges.

The Memorandum Disposition filed April 10, 2017 is amended as follows:

On page 6, in the last paragraph, change:

Heller’s dissolution foreclosed any further compensation to Neuman, as a shareholder, once the Dissolution Committee decided in September 2008 to stop paying shareholders any further compensation. And, as a shareholder at the time of dissolution, the subordination requirements for shareholder claims under the 2008 Plan of Dissolution and 2010 Plan of Liquidation should be applied.

To:

Heller’s dissolution foreclosed any further compensation to Neuman because, under his Employment Agreement, which continued to govern in this respect, he was no longer “entitled to any compensation

2

or any other monies or property” following “the termination of [the] Agreement” when Heller dissolved.

With this amendment, Judges Bybee and McKeown have voted to deny the

petition for panel rehearing. Judge Wallace voted to grant the petition for

rehearing.

Appellant’s petition for rehearing, filed April 24, 2017, is DENIED.