Red River Resources Incorporated v. Mariner Systems Incorporated et al
ORDER denying 33 Motion to postpone the dismissal of Carlos Collazo. Signed by Judge Frederick J Martone on 4/11/12.(DMT)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Red River Resources, Inc.,
Mariner Systems, Inc., et al.,
No. CV 11-02589-PHX-FJM
The court has before it plaintiff's motion to postpone the dismissal of Carlos Collazo
(doc. 33) and defendants' statement of no objection (doc. 43). On February 16, 2012, the
court notified the parties that the claims against defendant Collazo would be dismissed on
April 13, 2012 unless the bankruptcy stay had been lifted or a request for lifting of the stay
had not been ruled upon. (Doc. 24). Plaintiff asks that the dismissal of Collazo be postponed
until June 20, 2012, because pending motions to dismiss the bankruptcy proceeding will be
heard in May.
We fail to see how the pending motions in the bankruptcy court have prevented
plaintiff from moving to have the stay lifted. We have a Rule 16 Scheduling Conference set
on June 15, 2012. The Rule 16 order must either include or exclude Collazo. The conditions
of our order of February 16, 2012 (doc. 24) not having been met, IT IS ORDERED
DENYING the motion to postpone the dismissal of Carlos Collazo. (Doc. 33).
DATED this 11th day of April, 2012.
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