Spirit Master Funding III LLC v. Cornett et al

Filing 30

ORDER DISMISSING CASE: Pursuant to our Order of Oct. 29, 2013 (doc. 29 ), it is ORDERED dismissing this action against both defendants without prejudice. Signed by Senior Judge Frederick J Martone on 1/7/14. (SJF)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Spirit Master Funding III LLC,
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Plaintiff,
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vs.
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J Philip Cornett; James E. Cornett, III,
Defendants.

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No. CV 12-02270-PHX-FJM
ORDER

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On October 29, 2013, we entered our order giving plaintiff until December 30, 2013 to

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advise whether the bankruptcy stay had been lifted, or its motion to lift the stay had not yet

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been ruled on by the bankruptcy court. (Doc. 29). This was to give the parties an

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opportunity to decide whether they would litigate this case here in the district court, or in the

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bankruptcy court. We advised the parties that we would not allow this case to languish on

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our docket.

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December 30th has come and gone and the docket indicates that nothing has been filed to

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give us such advice. Accordingly, pursuant to our Order of Oct. 29, 2013 (doc. 29), it is

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ORDERED dismissing this action against both defendants without prejudice.

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DATED this 7th day of January, 2014.