Sinclair et al v. Fox Hollow, et al

Filing 353

ORDER VACATING 347 Order Substituting Attorney signed by Judge Oliver W. Wanger on 1/19/2010. (Bradley, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On December 21, 2009, the law firm of Neumiller & Beardslee 18 filed a motion for leave to withdraw as counsel for Defendants 19 Richard Sinclair, Brandon Sinclair, Gregory Mauchley, Lairtrust, 20 LLC, Capstone, LLC, Mauctrst, LLC, and Stanley Flake as Trustee 21 of Capstone Trust (Case No. CV-F-03-5439) and Mauctrst, LLC, 22 Gregory Mauchley, Diana Mauchley, Lairtrust, LLC, Richard 23 Sinclair, Deborah Sinclair, Sinclair Enterprises, Inc., Capstone, 24 LLC, Brandon Sinclair, Stanley Flake, Stanley Flake as Trustee of 25 Capstone Trust, Stanley Flake as Trustee of the F. House Trust, 26 1 FOX HOLLOW OF TURLOCK OWNERS' ) ASSOCIATION, ) ) ) ) Plaintiff, ) ) vs. ) ) ) RICHARD SINCLAIR, et al., ) ) ) Defendants. ) ) ) No. CV-F-03-5439 OWW/DLB ORDER VACATING ORDER SUBSTITUTING ATTORNEY (Doc. 347) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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and Stanley Flake as Trustee of the Julie Insurance Trust (Case No. CV-F-03-5774 OWW/SMS). The motion to withdraw was noticed On January 12, 2009, Richard

for hearing on January 25, 2010.

Sinclair lodged a proposed Substitution of Attorney, substituting himself as counsel of record in lieu of Neumiller & Beardslee. On January 14, 2010, Plaintiffs and Defendants Fox Hollow of Turlock Owners' Association and California Equity Management Group, Inc., and Defendant Andrew Katakis filed an opposition to the motion to withdraw, based on the assertion that Richard Sinclair, although a licensed attorney, cannot represent the entity defendants because of a potential conflict of interest. The Order substituting Richard Sinclair as counsel of record was signed and filed on January 15, 2010. The January 15, 2010 Order is VACATED. (Doc. 347). The Court will

address the objections to Richard Sinclair's substitution on January 25, 2010. IT IS SO ORDERED. Dated: 668554 January 19, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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