UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 22-CIV-21673-DPG

Bankruptcy case no.: 21-21661-RAM

IN RE:

 VANESSA CHIU 

 

Debtor,

 /

MEMORIAL HEALTHCARE SYSTEM’S 

UNOPPOSED MOTION TO SUSPEND APPEAL FROM BANKRUPTCY COURT

Pursuant to S.D. Fla. L.R. 7.1, Memorial Healthcare System (“Memorial”), respectfully 

moves this Court to suspend its appeal from Bankruptcy Court that it filed on June 1, 2022 [DE 1; 

DE 5, DE 5-1, DE 5-2, DE 5-3], and, in support thereof, states as follows:

1. On May 19, 2022, the Bankruptcy Court granted in-part the debtor’s Motion for 

Contempt and Sanctions against Memorial. [DE 61].

2. On May 24, 2022, Memorial filed a Motion to Reconsider the Bankruptcy Court’s 

Order on the debtor’s Motion for Contempt and Sanctions. [DE 62]. That same day, Memorial 

filed a notice of hearing on its Motion for Reconsideration, which is currently set before the 

Bankruptcy Court on July 12, 2022 at 9:00 AM. [DE 65]. 

3. On May 27, 2022, to preserve its appellate remedies, Memorial filed its Notice of 

Appeal and Election to Appeal to District Court. [DE 66].

4. On June 10, 2022, Memorial directed the Clerk to transmit several documents for 

appeal to the District Court. [DE 70; DE 72; DE 72-1; and DE 72-2].

5. On June 27, 2022, the Clerk transmitted the appeal to the appeal to the District 

Court. [DE 75]. 

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6. Counsel for Memorial has conferred with opposing counsel who has no objection 

to the instant motion. 

Wherefore Memorial respectfully requests that this Court grant its motion to suspend its 

appeal, and to extend the time period to file its initial brief, if needed, until 30 days after the entry 

of an order on its Motion for Reconsideration. See In re Woide v. Fed. Nat’l Mortg. Ass’n, No. 

6:10-BK-22841-KSJ, 2017 WL 477706, at *4 (M.D. Fla. Feb. 6, 2017), aff'd sub nom. In re 

Woide, 730 F. App’x 731 (11th Cir. 2018).

Dated July 8, 2022 Respectfully Submitted,

 /s/ Frank P. Rainer 

 Frank P. Rainer, Esq. (Fla. Bar # 436518)

 FRainer@mhs.net

 Memorial Healthcare System

 3111 Stirling Road

 Hollywood, FL 33322

 (954)265-5341

 Attorney for Memorial Healthcare 

 System

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served by electronic filing 

via CM/ECF on July 8, 2022, on all counsel or parties of record on the Service List below.

 /s/ Frank P. Rainer

Frank P. Rainer

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CERTIFICATE OF ADMISSION

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court

for the Southern District of Florida and I am in compliance with the additional qualifications to

practice in this court as set forth in Local Rule 2090-1(A).

CERTIFICATE OF COUNSEL CONFERENCE

On July 5, 2022, Associate General Counsel, Scott R. Strauss, contacted counsel for the 

debtor, Jose A. Blanco, by the telephone and by electronic mail, on July 7, 2022, who does not 

oppose the instant motion. 

SERVICE LIST

Jose A. Blanco, Esq.

Florida Bar No. 062449

jose@blacopa.com

attorneyblanco@gmail.com 

Jose A. Blanco, P.A. 

102 E. 49th St. 

Hialeah, FL 33013

Tel: (305) 687-8008

Fax: (786) 567-5057

Attorney for Vanessa Chiu

Nancy K. Neidich, Esq. 

Florida Bar No. 441856

P.O. Box 279806

Miramar, FL 33027 

Chapter 13 Standing Trustee

www.ch13miami.com

Bankruptcy Trustee

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