Larry Boecken Jr v. Gallo Glass Company

Filing 121

ORDER to SHOW CAUSE by U.S. Trustee regarding pending claims signed by Magistrate Judge Barbara A. McAuliffe on 4/13/2012. Show Cause Response due by 5/31/2012. Copy of order mailed to U.S. Trustee and James E Salven.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY BOECKEN JR.

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Plaintiff,
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v.
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GALLO GLASS COMPANY,
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Defendant.
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_____________________________________ )

Case No. 1: 05-cv-00090-LJO-BAM

ORDER TO SHOW CAUSE BY U.S.
TRUSTEE RE PENDING CLAIMS

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This Action by Larry Boecken Jr. is pending before this Court. Plaintiff Larry Boecken

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filed for bankruptcy protection, and on May 27, 2011, the United States Bankruptcy Court for the

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Eastern District of California reopened Plaintiff's Chapter 7 bankruptcy case, No. 08-15050-B-7.

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The Bankruptcy Trustee is Gary Ferrar. The claims which are the subject of this litigation are the

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property of the U.S. Trustee, and plaintiff is not the proper party in interest.

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On April 13, 2012, the Court granted a Motion to Withdraw by counsel Mina L. Ramirez

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and Lawrence D. Murray to withdraw as counsel of record for plaintiff Larry Boecken, Jr. The

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evidence established that counsel attempted to be retained by the U.S. Trustee, but that they will

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not be retained by U.S. Trustee. Accordingly, permission for counsel to withdraw was

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warranted.

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The Court now ORDERS the U.S. Trustee to show cause, in writing, if any, on or before

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May 31, 2012 whether the Trustee intends to proceed with this action and set the matter for trial

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or whether the claims should be dismissed.

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The Clerk is directed to serve a copy of this Order to Show Cause on U.S. Trustee Gary

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Ferrar, Office of The United States Trustee, at 2500 Tulare Street, Suite 1401, Fresno, California

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93721 and Mr. Ferrar’s attorney at James E. Salven, P. O. Box 25970, Fresno, California 93729-

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5970.

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IT IS SO ORDERED.
Dated:
10c20k

April 13, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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