Filed: Sep. 02, 2015
Latest Update: Sep. 02, 2015
Summary: ORDER STRIKING MOTION BY CREDITORS LARRY AND PAULETTE WRIGHT TO CONFIRM ELECTION OF TRUSTEE AND/OR TO RESOLVE DISPUTED ELECTION OF TRUSTEE THOMAS J. TUCKER , District Judge . On August 12, 2015, Creditors Larry and Paulette Wright (collectively, the "Wrights") filed a motion entitled "Creditors Larry and Paulette Wright's Motion to Confirm Election of Trustee and/or to Resolve Disputed Election of Trustee" (Docket # 49, the "Motion"). On August 31, 2015, the Wrights filed a certificate of n
Summary: ORDER STRIKING MOTION BY CREDITORS LARRY AND PAULETTE WRIGHT TO CONFIRM ELECTION OF TRUSTEE AND/OR TO RESOLVE DISPUTED ELECTION OF TRUSTEE THOMAS J. TUCKER , District Judge . On August 12, 2015, Creditors Larry and Paulette Wright (collectively, the "Wrights") filed a motion entitled "Creditors Larry and Paulette Wright's Motion to Confirm Election of Trustee and/or to Resolve Disputed Election of Trustee" (Docket # 49, the "Motion"). On August 31, 2015, the Wrights filed a certificate of no..
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ORDER STRIKING MOTION BY CREDITORS LARRY AND PAULETTE WRIGHT TO CONFIRM ELECTION OF TRUSTEE AND/OR TO RESOLVE DISPUTED ELECTION OF TRUSTEE
THOMAS J. TUCKER, District Judge.
On August 12, 2015, Creditors Larry and Paulette Wright (collectively, the "Wrights") filed a motion entitled "Creditors Larry and Paulette Wright's Motion to Confirm Election of Trustee and/or to Resolve Disputed Election of Trustee" (Docket # 49, the "Motion"). On August 31, 2015, the Wrights filed a certificate of no response, indicating that no timely objections were filed to the Motion. But the Court cannot grant the Motion at this time; rather, the Court will strike the Motion, for the following reasons.
On August 14, 2015, the Court caused the Clerk to issue a Notice of Deficient Filing regarding the Motion (Docket # 56, the "Deficiency Notice"), which stated in relevant part:
It has been determined that the following document(s) are Missing and/or Non-Complaint:
Motion to Confirm Election of Trustee — The proof of service contained in this motion is defective as it fails to show that all creditors were served with the 14-day notice of the motion. . . .
A corrected/missing document must be filed with the court within seven (7) days of this notice. If not corrected, the case may be dismissed or an order striking the document from the record may be entered by the Court. The new document filed should be identified as "CORRECTED".
(Emphasis added).
On August 17, 2014, the Wrights filed a Certificate of Service (Docket # 58), which stated in relevant part:
I certify that, on August 13, 2015, I filed the 14-day "Notice of Motion" [Dkt. #50] regarding Creditors Larry and Paulette Wright's Motion to Confirm Election of Trustee and/or to Resolve Disputed Election of Trustee via the Court's ECF system, which automatically provided notice and service of same to the following ECF participants:"
Following such statement, the Certificate of Service listed only nine ECF participants who had been served.
The Certificate of Service does not show that all of the creditors in this case were served with the 14-day Notice of the Motion. It appears that many creditors on the creditor matrix do not receive notice via the Court's ECF system. (See mailing matrix, copy attached to this Order; see also Corrected Schedule F (Docket # 42).
No other certificate of service shows that the 14 day notice of the Motion was served on anyone, and the 7-day cure deadline stated in the Deficiency Notice was August 21, 2015.
Because the Wrights have failed to comply with the Deficiency Notice,
IT IS ORDERED that the Motion (Docket # 49) is stricken.
