Sinclair et al v. Fox Hollow, et al

Filing 879

ORDER DENYING Ex Parte Motion to Continue All Matters for Ninety Day, signed by District Judge Anthony W. Ishii on 12/21/12. (Hellings, J)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FOX HOLLOW OF TURLOCK
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OWNER’S ASSOCIATION, a California )
Nonprofit Mutual Benefit Corporation,
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Plaintiff,
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v.
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MAUCTRUST, LLC et al.,
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Defendants.
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____________________________________ )

CASE NO. 1:03-CV-5439 AWI DLB
ORDER DENYING EX PARTE
MOTION TO CONTINUE ALL
MATTERS FOR NINETY DAYS

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Richard Sinclair, Lairtrust, LLC, and Capstone, LLC have made a motion to continue all
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matters for ninety days in order to resolve some tax issues that cloud the legal status of Lairtrust,
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which has had its license suspended by California’s Franchise Tax Board. Doc. 875. Sinclair
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fears that opposing parties may seek to have certain claims adjudicated against Lairtrust based on
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its status while the tax questions remain unresolved. The opposing parties have filed an
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opposition to this motion for a continuance. Doc. 877. They point out that there are two motions
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set for hearing on January 7, 2013 and that in neither motion is Lairtrust’s status an issue.
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Based upon the argument that has been presented, there is no reason why the two pending
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motions should not be heard on January 7, 2013. Sinclair will continue to try to restore
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Lairtrust’s license in the meantime. Should any new motion arise in this case that implicates
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Lairtrust’s legal status, the court would be open to a new motion. The existing motion to
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continue all matters for ninety days (Doc. 875) is DENIED.
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IT IS SO ORDERED.
Dated:
0m8i78

December 21, 2012
UNITED STATES DISTRICT JUDGE
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