Newco Energy Acquisitions Holdings v. Schulgen et al

Filing 13

ORDER DENYING Without Prejudice 12 Motion to Enforce Judgment and REASSIGNING Case, signed by Magistrate Judge Sheila K. Oberto on 1/3/17. The new case number is 1:15-mc-00027-JLT. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NEWCO ENERGY ACQUISITIONS
HOLDINGS, LLC,
Plaintiff,

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Old Case Number: 1:15-mc-00027 SKO
DAVID SCHULGEN, et al.,
New Case Number: 1:15-mc-00027 JLT
Defendants.

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ORDER DENYING WITHOUT
PREJUDICE MOTION TO ENFORCE
JUDGMENT AND REASSIGNING CASE

v.

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No. 1:15-mc-00027 SKO

The Court is in receipt of Defendants and Judgment Creditors David Shulgen’s and Jeff
Duff’s “Motion Authorizing Sale of Stock and Credit Bid,” filed November 30, 2016 (the
“Motion”), pursuant to a Writ of Execution issued February 24, 2016. (Doc. 12) Under
California Code of Civil Procedure § 699.510(a) 1, the Writ of Execution expired 180 days after

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issuance, or August 22, 2016. Accordingly, the Motion is DENIED WITHOUT PREJUDICE
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subject to being renewed upon issuance of a valid Writ of Execution, see Cal. Code Civ. Proc. §
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699.510(a), and the hearing set for January 4, 2017, is VACATED.
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Furthermore, due to the location of the parties, in particular the judgment creditors, and of
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the proposed location for the execution sale, the Court has determined that this case should be
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reassigned to the docket of United States Magistrate Judge Jennifer L. Thurston in the Bakersfield
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Division of the United States District Court for the Eastern District of California.
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A federal district court has the authority to enforce money judgments in accordance with the practice and procedure
of the state in which it sits. Fed. R. Civ. P. 69(a); Paul Revere Ins. Grp. v. United States, 500 F.3d 957, 960 (9th Cir.
2007).

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The new case number shall be 1:15-mc-00027 JLT. All future pleadings shall be so

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numbered. Failure to use the correct case number may result in delay in documents being

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received by the correct judicial officer.

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IT IS SO ORDERED.
Dated:

January 3, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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