Guardian Life Insurance Company of America, Plaintiff-appellee, v. Frank B. Cockrell, Iii; Grace W. Cockrell, Defendants-appellants,andwayne Fleischer; Richard Shear; Isaac Berneman; Wernerlange; Barbara A. Wick, Defendants, 127 F.3d 1105 (9th Cir. 1997)

MEMORANDUM^* 

Frank B. Cockrell, III, and his wife, Grace W. Cockrell, appeal pro se the district court's grant of Guardian Life Insurance Company of America's ("Guardian") alter ego motion. We have jurisdiction pursuant to 23 U.S.C. § 1291, and we dismiss this appeal as moot.

The Cockrells contend that the district court erred by granting Guardian's alter ego motion because the automatic stay of 11 U.S.C. § 362 was in place in Grace Cockrell's bankruptcy proceedings. This contention lacks merit.

On November 26, 1996, the bankruptcy court granted Guardian relief from the automatic stay in Grace Cockrell's bankruptcy case. Relief from the automatic stay was granted retroactively to the date Grace Cockrell's bankruptcy petition was filed. Because the bankruptcy court in Grace Cockrell's bankruptcy case granted Guardian retroactive relief from the automatic stay, and no appeal has been taken from the bankruptcy court, we dismiss this appeal as moot. See Northwest Envtl. Defense Ctr. v. Gordon, 849 F.2d 1241, 1244-45 (9th Cir. 1988).

All pending motions are denied as moot.