Sinclair et al v. Fox Hollow, et al

Filing 667

ORDER GRANTING the CEMG/Fox Hollow Parties' 485 Motion for More Definite Statement of Counterclaim of Lairtrust, LLC signed by Judge Oliver W. Wanger on 7/6/2011. (Lairtrust, LLC shall file an Amended Counterclaim by: 8/7/2011) (Figueroa, O)

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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, Cross-Defendants, and
Counter-Defendants FOX HOLLOW OF TURLOCK
OWNERS ASSOCIATION and CALIFORNIA
EQUITY MANAGEMENT GROUP, INC. and
Defendant, Cross-Defendant, and Counter-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,
ORDER GRANTING THE CEMG/FOX
HOLLOW PARTIES' MOTION FOR MORE
DEFINITE STATEMENT OF
COUNTERCLAIM OF LAIRTRUST, LLC

v.
MAUCTRST LLC; et. al.,

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Defendants.

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AND CONSOLIDATED ACTIONS
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The Motion of Plaintiffs, Defendants, Cross-Defendants, and Counter-Defendants FOX
HOLLOW

OF

TURLOCK

OWNERS

ASSOCIATION,

CALIFORNIA

EQUITY

MANAGEMENT GROUP, INC., and Defendant, Cross-Defendant, and Counter-Defendant
ANDREW KATAKIS (collectively, the “CEMG/Fox Hollow Parties”) for More Definite
Statement of Counterclaim of LAIRTRUST, LLC [Docket # 485], having regularly come on for
hearing on April 12, 2011, with D. Greg Durbin appearing personally on behalf of the

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12444/00001-1768850.v1
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

ORDER GRANTING THE CEMG/FOX HOLLOW PARTIES' MOTION FOR MORE DEFINITE STATEMENT
OF COUNTERCLAIM OF LAIRTRUST, LLC

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CEMG/Fox Hollow Parties and Steven R. Stoker appearing personally on behalf of

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Counterclaimant LAIRTRUST, LLC; the Counterclaim of Counterclaimant LAIRTRUST, LLC

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[Docket #471] having been stayed by the order filed herein on May 13, 2011, except for claims

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arising out of "Plaintiffs' alleged conduct during and after trial of the state court action." [See

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Docket #s 473, 563, 576]; the present motion being directed to the remaining unstayed claims

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arising out of the CEMG/Fox Hollow parties' conduct during and after trial of the state court

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action alleged in the Counterclaim, having been argued and submitted; the Court having issued

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and served its Memorandum Decision on June 28, 2011 [Docket # 644], granting such Motion for

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More Definite Statement; and the Court finding that LAIRTRUST, LLC'S allegations concerning

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the unstayed claims that are the basis of all twelve causes of action asserted in the Counterclaim

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are unclear from the face of the Counterclaim and because the majority of LAIRTRUST, LLC'S

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Counterclaim has been stayed, which requires a more definite statement to permit the CEMG/Fox

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Hollow Parties to frame a response:

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NOW, THEREFORE, IT IS HEREBY ORDERED that:
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1. The CEMG/Fox Hollow Parties' Motion for More Definite Statement of Counterclaim
of LAIRTRUST, LLC is GRANTED; and;

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2.

LAIRTRUST, LLC shall file an amended Counterclaim within thirty (30) days

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following service of this Order.
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IT IS SO ORDERED.
Dated:

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July 6, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

emm0d64h

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12444/00001-1768850.v1
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

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[PROPOSED] ORDER GRANTING THE CEMG/FOX HOLLOW PARTIES' MOTION FOR MORE DEFINITE
STATEMENT OF COUNTERCLAIM OF LAIRTRUST, LLC