Sinclair et al v. Fox Hollow, et al

Filing 551

ORDER Resetting Hearing on Motion For Partial Summary Judgment, signed by Judge Oliver W. Wanger on 4/29/2011. (Hearing on the Motion for Partial Summary Judgment is reset to 5/2/2011 at 10:00 a.m. in Courtroom 3.) (Gaumnitz, R)

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D. Greg Durbin, # 81749
John M. Dunn, # 166482
Daniel S. Cho, # 260902
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]

(SPACE BELOW FOR FILING STAMP ONLY)

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Attorneys Plaintiffs, Defendants and Cross-Defendants
FOX HOLLOW OF TURLOCK OWNERS
ASSOCIATION and CALIFORNIA EQUITY
MANAGEMENT GROUP, INC. and Defendant and
Cross-Defendant ANDREW KATAKIS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FOX HOLLOW OF TURLOCK
OWNERS' ASSOCIATION, a California
Nonprofit Mutual Benefit Corporation; et.
al.,

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Case No. 1:03-cv-05439 OWW DLB
(Consolidated with 1:03-cv-5774 OWW SMS
and Stanislaus County Superior Court Case No.
322675)

Plaintiffs,
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v.

ORDER RESETTING HEARING ON
MOTION FOR PARTIAL SUMMARY
JUDGMENT
[Docket #s 478 & 502]

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MAUCTRST LLC; et. al.,
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Defendants.
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Date: April 12, 2011
Time: 12:15 p.m.
Courtroom: 3
Judge: Hon. Oliver W. Wanger

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AND CONSOLIDATED ACTIONS
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WHEREAS,

Plaintiffs,

Defendants,

Cross-Defendants

and

Counter-Defendants

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CALIFORNIA EQUITY MANAGEMENT GROUP, INC. and FOX HOLLOW OF TURLOCK

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OWNERS ASSOCIATION and Defendant, Cross-Defendant and Counter-Defendant ANDREW

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KATAKIS (collectively the “CEMG/Fox Hollow Parties”), filed a Motion for Partial Summary

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Judgment re Cross-Complaint claims herein on February 4, 2011 [Docket #s 478 & 479];

MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

12444/00001-1719689.v1

[PROPOSED] ORDER RESETTING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT

PDF created with pdfFactory trial version www.pdffactory.com

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WHEREAS, Cross-Complainants Richard Sinclair, Gregory Mauchley and Brandon

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Sinclair (the “Cross-Complainants”), filed their opposition thereto on March 14, 2011 [Docket

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#493 and 494] and the CEMG/Fox Hollow Parties filed their reply on March 21, 2011 [Docket #s

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503, 504, 505, 506, 507 and 508], and therefore the briefing on such motion has been completed;

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WHEREAS, the Court, by Minute Order filed March 21, 2011, vacated the hearing on

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such motion set for April 4, 2011, and directed that a new date for the motion would be discussed

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at a hearing on other motions on April 11, 2011;

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WHEREAS, Mr. Sinclair filed an ex parte application received by the Court on Monday

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morning, April 11, 2011, to continue the April 11, 2011 hearing and the Court issued its Minute

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Order continuing the hearing set for April 11, 2011, to 12:15 p.m. on Tuesday, April 12, 2011;

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and

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WHEREAS, the Court held the hearing on the other motions on April 12, 2011,

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commencing at 12:15 pm, with D. Greg Durbin appearing for the CEMG/Fox Hollow Parties and

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Steven Stoker appearing on behalf of Defendant and Counterclaimant Lairtrust LLC and

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Defendants Mauctrst LLC and Capstone LLC:

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NOW, THEREFORE, GOOD CAUSE APPEARING, it is hereby ordered that the hearing

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on the Motion for Partial Summary Judgment shall and hereby is reset for Monday, May 2, 2011,

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at 10:00 a.m. or as soon thereafter as the matter may be heard, in Courtroom 3 of the above-

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referenced Court.

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IT IS SO ORDERED.
Dated: April 29, 2011

/s/ OLIVER W. WANGER
UNITED STATES DISTRICT JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

12444/00001-1719689.v1

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ORDER RESETTING HEARING ON MOTION FOR PARTIAL SUMMARY JUDGMENT

PDF created with pdfFactory trial version www.pdffactory.com