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Fox Hollow of Turlock Owners' Association v. Sinclair, 1:03-CV-05439-AWI-SAB. (2015)

Court: District Court, E.D. California Number: infdco20150512770 Visitors: 5
Filed: May 11, 2015
Latest Update: May 11, 2015
Summary: NOTICE OF ORDER MODIFYING BANKRUPTCY STAY AND REQUEST TO SET STATUS CONFERENCE AND ORDER ANTHONY W. ISHII , Senior District Judge . TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: NOTICE OF ORDER MODIFYING BANKRUPTCY STAY PLEASE TAKE NOTICE that in the bankruptcy proceeding previously filed by Defendant Richard Sinclair in the United States Bankruptcy Court, Eastern District of California, Case No. 14-91565-E-11, the Bankruptcy Court, in Adversary Proceeding No. 15-09008 ther
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NOTICE OF ORDER MODIFYING BANKRUPTCY STAY AND REQUEST TO SET STATUS CONFERENCE AND ORDER

TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

NOTICE OF ORDER MODIFYING BANKRUPTCY STAY

PLEASE TAKE NOTICE that in the bankruptcy proceeding previously filed by Defendant Richard Sinclair in the United States Bankruptcy Court, Eastern District of California, Case No. 14-91565-E-11, the Bankruptcy Court, in Adversary Proceeding No. 15-09008 therein, issued an Order on May 4, 2015 modifying the automatic stay to allow Plaintiffs California Equity Management Group, Inc. and Fox Hollow of Turlock Owners' Association ("Plaintiffs"), and each of them, and their attorneys, agents and representatives, to litigate to final judgment, including all appeals therefore, the claims, rights, and interests asserted herein and in this consolidated action. [Adv. Proc. 15-09008, Dkt. #19]. A true and correct copy of the Bankruptcy Court's May 4, 2015 Order Modifying Automatic Stay is attached hereto as Exhibit "A".

REQUEST FOR THE COURT TO SET STATUS CONFERENCE

In light of the May 4, 2015 Order Modifying Automatic Stay permitting Plaintiffs to proceed on its claims herein, Plaintiffs request, pursuant to and in accordance with Local Rule 240, that the Court set a status conference on June 3, 2015, at 8:30 am, to coincide with the pretrial conference set herein for the trial of the action against the defendants against who a default has not been entered, with the purpose of the status conference being the setting of a hearing for the purposes of a prove up on damages against the defendants who have had their defaults entered herein on the Consolidated Amended Complaint (Docket #410), filed July 21, 2010. The defaulted defendants include Defendant Mauctrst LLC, whose default was entered by order of the Court on March 11, 2014 [Dkt. # 1012], and Defendants Richard Sinclair, Brandon Sinclair, Lairtrust LLC, and Capstone LLC, whose defaults were entered by order of this Court on September 26, 2014 [Dkt. #1070].

ORDER SETTING STATUS CONFERENCE

In light of the Bankruptcy Court's May 4, 2015 Order Modifying Automatic Stay (Bktcy Case No. 14-915650-E-11; Adv. Proc. 15-09008, Adv. Proc. Dkt. #19), the Court hereby sets a status conference for JUNE 4, 2015 at 10:00 a.m. in Courtroom 2 to set a hearing date to determine damages against Defendants Mauctrst LLC, Richard Sinclair, Brandon Sinclair, Lairtrust LLC, and Capstone LLC on the Consolidated Amended Complaint filed July 21, 2010 [Dkt. #410].

The Pretrial Conference previously scheduled for June 3, 2015 at 8:30 a.m. is rescheduled for JUNE 4, 2015 at 10:00 a.m. in Courtroom 2.

IT IS SO ORDERED.

Source:  Leagle

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