Sinclair et al v. Fox Hollow, et al

Filing 1092

Notice of Order Modifying Bankruptcy Stay and Request to Set Status Conference and ORDER, signed by District Judge Anthony W. Ishii on 5/11/2015. (The Court hereby sets a status conference for 6/4/2015 at 10:00 a.m. in Courtroom 2 to set a hearing date to determine damages against Defendants. The Pretrial Conference previously scheduled for 6/3/2015 at 8:30 a.m. is rescheduled for 6/4/2015 at 10:00 a.m. in Courtroom 2 before District Judge Anthony W. Ishii.) (Gaumnitz, R)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 D. Greg Durbin, #81749
[e-mail]
3 John M. Dunn, #166482
[e-mail]
4 Daniel S. Cho, #260902
[e-mail]
5 7647 North Fresno Street
Fresno, California 93720
6 Telephone:
[phone]
Facsimile:
[phone]
7
Attorneys for Plaintiffs, Defendants and Cross8 Defendants FOX HOLLOW OF TURLOCK
OWNERS ASSOCIATION and CALIFORNIA
9 EQUITY MANAGEMENT GROUP, INC. and
Defendant and Cross-Defendant ANDREW
10 KATAKIS
11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

13
14 FOX HOLLOW OF TURLOCK OWNERS’
ASSOCIATION, a California Nonprofit
15 Mutual Benefit Corporation; et al.,
16
17

Plaintiffs,

Case No. 1:03-CV-05439-AWI-SAB
NOTICE OF ORDER MODIFYING
BANKRUPTCY STAY AND REQUEST
TO SET STATUS CONFERENCE AND
ORDER

v.

18 RICHARD SINCLAIR, an individual; et al.,

Judge: Hon. Anthony W. Ishii
Crtrm.: 2

19

Trial Date:

Defendants.

July 21, 2015

20
AND CONSOLIDATED ACTIONS
21
22 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
23
24

NOTICE OF ORDER MODIFYING BANKRUPTCY STAY
PLEASE TAKE NOTICE that in the bankruptcy proceeding previously filed by Defendant

25 Richard Sinclair in the United States Bankruptcy Court, Eastern District of California, Case No. 1426 91565-E-11, the Bankruptcy Court, in Adversary Proceeding No. 15-09008 therein, issued an Order
27 on May 4, 2015 modifying the automatic stay to allow Plaintiffs California Equity Management
28 Group, Inc. and Fox Hollow of Turlock Owners’ Association (“Plaintiffs”), and each of them, and
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

1

1 their attorneys, agents and representatives, to litigate to final judgment, including all appeals therefore,
2 the claims, rights, and interests asserted herein and in this consolidated action. [Adv. Proc. 15-09008,
3 Dkt. #19]. A true and correct copy of the Bankruptcy Court’s May 4, 2015 Order Modifying
4 Automatic Stay is attached hereto as Exhibit “A”.
5
6

REQUEST FOR THE COURT TO SET STATUS CONFERENCE
In light of the May 4, 2015 Order Modifying Automatic Stay permitting Plaintiffs to proceed

7 on its claims herein, Plaintiffs request, pursuant to and in accordance with Local Rule 240, that the

8 Court set a status conference on June 3, 2015, at 8:30 am, to coincide with the pretrial conference set
9 herein for the trial of the action against the defendants against who a default has not been entered, with
10 the purpose of the status conference being the setting of a hearing for the purposes of a prove up on
11 damages against the defendants who have had their defaults entered herein on the Consolidated
12 Amended Complaint (Docket # 410), filed July 21, 2010. The defaulted defendants include Defendant
13 Mauctrst LLC, whose default was entered by order of the Court on March 11, 2014 [Dkt. # 1012],
14 and Defendants Richard Sinclair, Brandon Sinclair, Lairtrust LLC, and Capstone LLC, whose defaults

15 were entered by order of this Court on September 26, 2014 [Dkt. # 1070].
16 Dated: May 11, 2015

Respectfully submitted,

17

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

18
19
20
21
22
23
24
25

Daniel S. Cho
D. Greg Durbin
Daniel S. Cho
Attorneys for Plaintiffs, Defendants and CrossDefendants FOX HOLLOW OF TURLOCK
OWNERS ASSOCIATION and CALIFORNIA
EQUITY MANAGEMENT GROUP, INC. and
Defendant and Cross-Defendant ANDREW
KATAKIS

By:

26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

2

1
2

ORDER SETTING STATUS CONFERENCE
In light of the Bankruptcy Court’s May 4, 2015 Order Modifying Automatic Stay (Bktcy Case

3 No. 14-915650-E-11; Adv. Proc. 15-09008, Adv. Proc. Dkt. #19), the Court hereby sets a status
4 conference for JUNE 4, 2015 at 10:00 a.m. in Courtroom 2 to set a hearing date to determine
5 damages against Defendants Mauctrst LLC, Richard Sinclair, Brandon Sinclair, Lairtrust LLC, and
6 Capstone LLC on the Consolidated Amended Complaint filed July 21, 2010 [Dkt. # 410].
7

8

The Pretrial Conference previously scheduled for June 3, 2015 at 8:30 a.m. is rescheduled for

9 JUNE 4, 2015 at 10:00 a.m. in Courtroom 2.
10
11 IT IS SO ORDERED.
12 Dated: May 11, 2015
13

SENIOR DISTRICT JUDGE

14

15
16
17
18
19
20
21
22
23
24
25
26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3

1
2
3
4
5
6
7

8
9
10
11
12
13
14

15
16
17
18
19
20
21
22
23
24
25
26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720