Robert P. Mosier v. Christopher M. Lee et al

Filing 68

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: REQUEST FOR ENTRY OF JUDGMENT (Doc. 67 ) by Judge Josephine L. Staton. The Court therefore ORDERS the Receiver to show cause as to why entry of judgment is appropriate at this time. The Receiver's d eclaration seeking dismissal of the remaining claims will be considered a sufficient reason for entry of judgment. The Receiver shall submit his declaration no later than five (5) days from the date of this Order. (see document for details). (dro)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:15-cv-2110-JLS-JCx
Title: Robert P. Mosier v. Christopher M. Lee, et al.

Date: January 5, 2017

Present: HONORABLE JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE

Terry Guerrero
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:
Not Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:
Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: REQUEST
FOR ENTRY OF JUDGMENT (Doc. 67)
Before the Court is Plaintiff Robert P. Mosier’s (the “Receiver’s”) Request for
Entry of Judgment. (Request for Judgment, Doc. 67.) In general, a court enters judgment
only after all claims have been adjudicated. See Fed. R. Civ. P. 54(b). Here, the Court
has granted summary judgment as to only three of the Receiver’s seven claims: (1) the
Receiver’s first claim seeking avoidance of the Tealuck Trust Transfer as an actual
intentional fraudulent transfer; (2) the Receiver’s second claim seeking avoidance and
recovery of the Nepenthe Lien as an actual intentional fraudulent transfer; and (3) the
Receiver’s fifth claim seeking avoidance and recovery of certain Cash Transfers as actual
intentional fraudulent transfers. While the remaining claims may be moot based on the
Court’s grant of partial summary judgment, the Receiver has nowhere made clear that he
is abandoning his remaining claims because he has now obtained all the relief he seeks or
for any other reason.
The Court therefore ORDERS the Receiver to show cause as to why entry of
judgment is appropriate at this time. The Receiver’s declaration seeking dismissal of the
remaining claims will be considered a sufficient reason for entry of judgment. The
Receiver shall submit his declaration no later than five (5) days from the date of this
Order.

Initials of Preparer: tg
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CIVIL MINUTES – GENERAL
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