Red River Resources Incorporated v. Mariner Systems Incorporated et al

Filing 44

ORDER denying 33 Motion to postpone the dismissal of Carlos Collazo. Signed by Judge Frederick J Martone on 4/11/12.(DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Red River Resources, Inc.,
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Plaintiff,
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vs.
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Mariner Systems, Inc., et al.,
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Defendants.
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No. CV 11-02589-PHX-FJM
ORDER

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The court has before it plaintiff's motion to postpone the dismissal of Carlos Collazo

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(doc. 33) and defendants' statement of no objection (doc. 43). On February 16, 2012, the

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court notified the parties that the claims against defendant Collazo would be dismissed on

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April 13, 2012 unless the bankruptcy stay had been lifted or a request for lifting of the stay

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had not been ruled upon. (Doc. 24). Plaintiff asks that the dismissal of Collazo be postponed

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until June 20, 2012, because pending motions to dismiss the bankruptcy proceeding will be

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heard in May.

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We fail to see how the pending motions in the bankruptcy court have prevented

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plaintiff from moving to have the stay lifted. We have a Rule 16 Scheduling Conference set

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on June 15, 2012. The Rule 16 order must either include or exclude Collazo. The conditions

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of our order of February 16, 2012 (doc. 24) not having been met, IT IS ORDERED

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DENYING the motion to postpone the dismissal of Carlos Collazo. (Doc. 33).

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DATED this 11th day of April, 2012.