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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Red River Resources, Inc., 9 Plaintiff, 10 vs. 11 Mariner Systems, Inc., et al., 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) No. CV 11-02589-PHX-FJM ORDER 14 The court has before it plaintiff's motion to postpone the dismissal of Carlos Collazo 15 (doc. 33) and defendants' statement of no objection (doc. 43). On February 16, 2012, the 16 court notified the parties that the claims against defendant Collazo would be dismissed on 17 April 13, 2012 unless the bankruptcy stay had been lifted or a request for lifting of the stay 18 had not been ruled upon. (Doc. 24). Plaintiff asks that the dismissal of Collazo be postponed 19 until June 20, 2012, because pending motions to dismiss the bankruptcy proceeding will be 20 heard in May. 21 We fail to see how the pending motions in the bankruptcy court have prevented 22 plaintiff from moving to have the stay lifted. We have a Rule 16 Scheduling Conference set 23 on June 15, 2012. The Rule 16 order must either include or exclude Collazo. The conditions 24 of our order of February 16, 2012 (doc. 24) not having been met, IT IS ORDERED 25 DENYING the motion to postpone the dismissal of Carlos Collazo. (Doc. 33). 26 27 28 DATED this 11th day of April, 2012.

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