Donne et al v. Hardt et al

Filing 17

ORDER Terminating Herbert W. Hardt, David Brandon, and Lisa Plank as Defendants, signed by Chief Judge Anthony W. Ishii on 9/2/2011. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IN RE:

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TIMOTHY JOHN HARDT and
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MICHELLE RENE HARDT
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Debtors.
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____________________________________ )
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MARK DELL DONNE, individually, as a )
participant in THE JOURNEY
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ELECTRICAL TECHNOLOGIES, INC. )
401K PLAN, and as trustee of THE
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JOURNEY ELECTRICAL
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TECHNOLOGIES, INC. 401K PLAN;
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THE JOURNEY ELECTRICAL
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TECHNOLOGIES, INC. 401K PLAN;
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and THE JOURNEY ELECTRICAL
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TECHNOLOGIES, INC., a California
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corporation,
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Plaintiffs,
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v.
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TIMOTHY JOHN HARDT, an individual;)
MICHELLE RENE HARDT, and
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individual, and DOES 1-200,
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Defendants.
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____________________________________ )

1:10-CV-02014 AWI
ORDER TERMINATING HERBERT
W. HARDT, DAVID BRANDON,
AND LISA PLANK AS
DEFENDANTS

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This adversary proceeding was withdrawn from the bankruptcy court by stipulation of the

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parties. Doc. 8. The court issued an order to show cause why the case should not be consolidated

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with related cases. Doc. 9. Based on the briefing by the parties, the court determined that
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consolidation was not appropriate. Doc. 14. In the docket, the Defendants are listed as Herbert

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W. Hardt, David Brandon, Lisa Plank, Timothy John Hardt, and Michelle Rene Hardt. Plaintiffs

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have filed a notice of errata explaining that the wrong caption was used in their initial filing of

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the case. Doc. 16. The caption of one of the related cases (which included Herbert W. Hardt,

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David Brandon, and Lisa Plank as defendants) was used instead of the proper caption which

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should only list Timothy John Hardt and Michelle Rene Hardt. The complaint includes no

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causes of action against Herbert W. Hardt, David Brandon, and Lisa Plank.

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It is ordered that Herbert W. Hardt, David Brandon, and Lisa Plank be removed as
defendants in this case.

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IT IS SO ORDERED.

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Dated:
0m8i78

September 2, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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