NOT FOR PUBLICATION

ORDER REJECTING TRUSTEE'S PROPOSED ORDER VACATING & ASSOCIATES, INC., a Nevada corporation, JUDGMENT AUTHORIZING SALE OF DWELLING

ROBERT KWAN, Bankruptcy Judge.

Pending before the court is a proposed order submitted by the Chapter 7 Trustee, Carolyn A. Dye, through her counsel, James A. Dumas and Christian T. Kim, of the law firm of Dumas & Kim, APC, stating "The trustee, Carolyn A. Dye, having filed an Acknowledgment of Full Satisfaction of this Court's Judgment for Sanctions entered on December 19, 2014, this Court's Judgment for Order Authorizing Sale of Dwelling entered on October 17, 2017 is hereby vacated."

The submission of this proposed order is a request for an order which is required by Federal Rule of Bankruptcy Procedure 9013 and Local Bankruptcy Rule 9013-1 to be sought by a written motion. However, no written motion has been filed, which indicates with particularity the grounds therefor or gives notice to the parties affected by the request, including judgment debtor, Ronald Taxe, who has appealed the judgment entered on October 17, 2017 to the Bankruptcy Appellate Panel of the Ninth Circuit. The court is not sure whether it has jurisdiction or legal authority, such as Federal Rule of Civil Procedure 60, to vacate the judgment now on appeal, particularly since vacating the judgment might moot out the appeal.

Accordingly, the court rejects the proposed order submitted by the Trustee for lack of compliance with Federal Rule of Bankruptcy Procedure 9013 and Local Bankruptcy Rule 9013-1, and to the extent that the submission of such proposed order as a request for an order may be construed as a motion under Federal Rule of Bankruptcy Procedure 9013 and Local Bankruptcy Rule 9013-1, such motion is denied without prejudice.

IT IS SO ORDERED.