Sinclair et al v. Fox Hollow, et al

Filing 576

ORDER GRANTING The CEMG/Fox Hollow Parties': (1) Motion to Sever and Stay Balance of Cross Complaint 477 ; and (2) Motion to Sever and Stay Counterclaim by Lairtrust, LLC 480 , signed by Judge Oliver W. Wanger on 5/11/2011. (Gaumnitz, R)

1
2
3
4
5

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)

6
7
8

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

9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12
13
14

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

15

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,
16
v.
17
MAUCTRST LLC; et. al.,
18
Defendants.

ORDER GRANTING THE CEMG/FOX
HOLLOW PARTIES': (1) MOTION TO
SEVER AND STAY BALANCE OF CROSSCOMPLAINT [Doc. 477]; AND (2) MOTION
TO SEVER AND STAY COUNTERCLAIM
BY LAIRTRUST, LLC [Doc. 480]

19
20
AND CONSOLIDATED ACTIONS
21
22
23
24
25
26
27

Plaintiffs, Defendants, and Cross-Defendants FOX HOLLOW OF TURLOCK OWNERS
ASSOCIATION, CALIFORNIA EQUITY MANAGEMENT GROUP, INC., and Defendant and
Cross-Defendant ANDREW KATAKIS (collectively, the “CEMG/Fox Hollow Parties”), having
(1) filed their Motion to Sever and Stay Balance of Cross-Complaint in Response to Order
Granting in part, Cross-Defendants' Motion to Dismiss Cross-Complaint, or in the Alternative,
Sever and Stay Cross-Complaint on February 4, 2011 (“Motion to Stay Balance of Cross-

28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

ORDER GRANTING (1) MOTION TO STAY BALANCE OF CROSS-COMPLAINT; AND (2) MOTION TO
STAY COUNTERCLAIM

PDF created with pdfFactory trial version www.pdffactory.com

1

Complaint”) [Docket # 477] as to the Cross-Complaint filed herein on August 10, 2010 [Docket #

2

425] by Cross-Complainants GREGORY MAUCHLEY, RICHARD SINCLAIR, and

3

BRANDON SINCLAIR; and (2) also having filed their Motion to Sever and Stay Counterclaim

4

by LAIRTRUST, LLC on February 14, 2011 ("Motion to Stay Counterclaim") [Docket # 480] as

5

to the Counterclaims filed herein on January 19, 2011 [Docket # 471] by Counterclaimant

6

LAIRTRUST, LLC, and the Court having issued its Memorandum of Decision on April 29, 2011,

7

granting such Motion to Stay Balance and Motion to Stay Counterclaim, and providing notice

8

thereof to the parties through the electronic filing system:

9
NOW, THEREFORE, IT IS HEREBY ORDERED that CEMG/Fox Hollow Parties'
10
Motion to Sever and Stay Balance of Cross-Complaint in Response to Order Granting in part,
11
Cross-Defendants' Motion to Dismiss Cross-Complaint, or in the Alternative, Sever and Stay
12
Cross-Complaint filed on February 4, 2011 [Docket # 477] be and hereby is GRANTED in its
13
entirety;
14
15

IT IS HEREBY FURTHER ORDERED that the CEMG/Fox Hollow Parties' Motion to

16

Sever and Stay Counterclaims by LAIRTRUST, LLC filed on February 14, 2011 [Docket # 480]

17

be and hereby is GRANTED in its entirety.

18
IT IS SO ORDERED.
19
20

Dated: May 11, 2011

21
22

/s/ OLIVER W. WANGER
UNITED STATES DISTRICT COURT JUDGE

23
24
25
26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

2
ORDER GRANTING (1) MOTION TO STAY BALANCE OF CROSS-COMPLAINT; AND (2) MOTION TO
STAY COUNTERCLAIM

PDF created with pdfFactory trial version www.pdffactory.com