Flemmer v. Newell, et al.

Filing 37

ORDER signed by Judge Kimberly J. Mueller on 10/20/2015 DISMISSING with prejudice, the plaintiff's claims against the defendants alleging among other things, claims to recover alleged usurious interest from the defendants; ORDERING that the plai ntiff and the defendants bear their own costs; DIRECTING the defendant, as Third-Party Plaintiff, to make a separate Motion to Dismiss the defendant's claims against Third-Party Defendants Mark Weiner, Nancy Weiner and Susanville Village, LLC. (Michel, G.)

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Thomas R. Phinney (SBN 159435)
PARKINSON PHINNEY
400 Capitol Mall, Suite 2560
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants Brian R. Katz, Trustee
for the Harold 0. Newell Trust,
Zandee Newell, and Marianne Newell

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UNITED STATES BANKRUPTCY COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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In re

District Court Case No. 2:14-cv-0021

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VILLAGE CONCEPTS, INC.,

[Bankr. Case No. 12-30911-A]

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Debtor,

[AP No. 13-02212]

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Date: October 1, 2014
Time: 10:00am
Courtroom: 3 (15th Floor)

DAVID FLEMMER, in his capacity as
Trustee for the Bankruptcy Estate of
Village Concepts, Inc.,

ORDER APPROVING DISMISSAL OF
ACTION

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Plaintiff,
v.
ZENAIDA 0. NEWELL a.k.a. ZANDEE
NEWELL, MARIANNE NEWELL, and
BRIAN R. KATZ, in his capacity as
Successor Trustee for the Harold 0 .
Newell Revocable Trust,

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Defendants.
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Having considered the stipulation between Plaintiff DAVID FLEMMER (

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“Plaintiff”), in his capacity as trustee for the Chapter 7 bankruptcy estate of Village

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Concepts, Inc.; Defendants Brian R. Katz (“Brian Katz”), in his capacity as successor

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{231/00001/TRP/A0304067.DOC}

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trustee for the Harold O. Newell Revocable Trust, Zandee Newell (“Zandee”), and

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Marianne Newell (“Marianne”) (Brian Katz, Zandee, and Marianne collectively referred to

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as “Defendants”); to dismiss this action pursuant to Federal Rule of Civil Procedure

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41(a)(2), and good cause appearing therefor;

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IT IS ORDERED as follows:

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Plaintiff’s claims against Defendants alleging among other things claims to

recover alleged usurious interest from Defendants shall be dismissed with prejudice.

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2.

Plaintiff and Defendants shall bear their own costs.

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3.

Defendant, as Third Party Plaintiff, shall make a separate Motion to Dismiss

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Defendant’s claims against Third Party Defendants Mark Weiner, Nancy Weiner, and

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Susanville Village, LLC.

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Dated: October 20, 2015.

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UNITED STATES DISTRICT JUDGE

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{231/00001/TRP/A0304067.DOC}

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