Louie v. Stomer Family 2000 Revocable Trust et al

Filing 114

ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/13 VACATING hearing and DENYING 101 Motion to Stay; DENYING AS MOOT 111 Request for a telephone appearance. If attorney Keith Cable intends to represent plaintiff in this action, he shall file a notice of appearance within 28 days of this order. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE S. LOUIE,

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Plaintiff,

No. 2:11-cv-00108 JAM KJN PS

v.
STOMER FAMILY 2000 REVOCABLE
TRUST dba STROMER REALTY, et al.,

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Defendants.
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ORDER
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By order filed January 4, 2013, the court continued the stay in this case for

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approximately six (6) months, and ordered status reports to be filed on or before July 12, 2013.

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(Dkt. No. 99.)1

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Thereafter, on February 14, 2013, intervening non-party lien claimant Elena Sadur

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(“Sadur”) filed a motion to modify the stay presently in place. (Dkt. No. 101.) The motion is

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presently set for hearing on March 21, 2013, and Sadur’s attorney has filed a request for a

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telephonic appearance at the hearing. (Dkt. No. 104, 111.) After reviewing the papers in support

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of the motion, the court finds that oral argument would not be of material assistance in deciding

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the motion and resolves the motion on the record and briefing submitted. See E.D. Cal. L.R.

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This case proceeds before the undersigned pursuant to E.D. Cal. L.R. 302(c)(21) and
28 U.S.C. § 636(b)(1).
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230(g).

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Sadur requests that the stay in this case be modified to allow her to file liens in

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any other case in which plaintiff George Louie is a plaintiff. However, Sadur does not explain

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why, or provide any authority that, the present stay in this case would impact her ability to file

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liens in other cases. The liabilities allegedly owed by plaintiff to Sadur do not derive from this

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case, but instead from judgments in other cases. Sadur is merely a non-party lien claimant in this

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case, attempting to enforce her rights as a judgment creditor of judgments entered in other cases.

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As such, any stay in this particular case does not preclude Sadur from pursuing her rights derived

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from another case in other non-stayed cases. Therefore, the court denies Sadur’s motion to

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modify the stay.

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The court also observes that attorney Keith Cable, who has represented and still

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represents plaintiff in other lawsuits in this court, filed several documents in opposition to

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Sadur’s motion and request for telephonic appearance, ostensibly on plaintiff’s behalf. The court

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has disregarded such filings (and any responsive filings by Sadur), because Mr. Cable is not a

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party to this case and has not entered an appearance on behalf of plaintiff, who is presently

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proceeding without counsel. If Mr. Cable intends to substitute in as counsel for plaintiff,

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especially in light of plaintiff’s apparent illness, Mr. Cable shall file a notice of appearance

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within 28 days of this order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 21, 2013 hearing on non-party lien claimant Sadur’s motion to

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modify the stay is VACATED.

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2. Sadur’s request for a telephonic appearance (dkt. no. 111) is DENIED AS
MOOT.

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3. Sadur’s motion to modify the stay (dkt. no. 101) is DENIED.

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4. If attorney Keith Cable intends to represent plaintiff in this action, he shall file

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a notice of appearance within 28 days of this order.

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IT IS SO ORDERED.

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DATED: March 13, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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