Natomas Gardens Investment Group LLC et al v. Sinadinos et al

Filing 394

ORDER signed by Judge Lawrence K. Karlton on 6/26/2012 ORDERING Counsel to file Dispositional Documents within 21 days; SETTING a Status Conference for 8/27/2012 at 11:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATOMAS GARDENS INVESTMENT
GROUP LLC, a California
limited liability company,
ORCHARD PARK DEVELOPMENT
LLC, a California limited
liability company,
NO. CIV. S-08-2308 LKK/EFB

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Plaintiffs,
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v.

O R D E R

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JOHN G. SINADINOS, et al.,
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Defendants.

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/
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A Status (Pretrial Scheduling) Conference was held on June 25,

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2012 at 2:30 p.m., in Chambers.

The Conference was attended by

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counsel for the remaining parties to the litigation, except for pro

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se defendant Margarita Leavitt. The parties have advised the court

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that the matter has settled as between all parties, including the

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counter-claims, and that all that remains is the collection of

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signatures.1

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Group, LLC, and Orchard Park Development LLC, report that defendant

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Leavitt

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settlement.2

will

Counsel for plaintiffs, Natomas Gardens Investment

be

dismissed

from

the

lawsuit

as

part

of

the

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Counsel for plaintiff Orchard Park reports that he will

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withdraw as counsel for Orchard Park as part of the settlement,

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leaving the company unrepresented, and that the company can then

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be dismissed out, as it cannot proceed pro se.

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Counsel for plaintiff Orchard Park has also advised the court

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that Orchard Park is in bankruptcy.

Accordingly, if the Trustee

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in bankruptcy must approve the dismissal of Orchard Park’s lawsuit,

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that approval must be made a part of the settlement papers in this

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court.

If no approval is necessary, counsel will explain why not.

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IT IS HEREBY ORDERED THAT:

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1.

Counsel are ORDERED to file dispositional documents for

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this matter no later than twenty-one (21) days from the date of

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this order;

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2.

A Status (Pretrial Scheduling) Conference is scheduled

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for August 27, 2012 at 11:00 a.m.

This conference will be vacated

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if the dispositional documents (above) are timely filed.

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Plaintiffs have filed a Notice of Settlement (Dkt. No. 392).
See E.D. Cal. R. 160. The court notes that counter-plaintiffs have
not filed such a document.
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The court notes that despite the general lack of
participation by Ms. Leavitt in these proceedings, and the recent
return of mail sent to her (marked “Undeliverable”), she has filed
an Answer in this case (Dkt. No. 269), and therefore cannot be
dismissed without a court order.
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IT IS SO ORDERED.

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DATED:

June 26, 2012.

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