McMenemy v. Flagship Financial Group, LLC et al

Filing 40

ORDER signed by Judge John A. Mendez on 8/25/14 ORDERING that the motion for issuance of a new Summons to Colonial First Business Development, LLC is DENIED in its entirety; and Colonial First Business Development, LLC is DISMISSED, with prejudice. (Kastilahn, A)

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JODY L. WINTER, #249592
LLOYD WINTER, P.C.
1724 Broadway Street, Suite 6
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for defendant Colonial First Lending
Group, Inc., a Utah corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DIANA McMENEMY, an individual,
and MICHAEL McMENEMY, an
individual,

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Plaintiffs,
v.

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COLONIAL FIRST LENDING
GROUP, INC., a Utah corporation,
COLONIAL FIRST BUSINESS
DEVELOPMENT, LLC, a Utah
limited liability company, DEVIN
JONES, an individual, FLAGSHIP
FINANCIAL GROUP, LLC, and
DOES 1 through 10,

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CASE NO. 2:14-cv-1482 JAM AC
ORDER DENYING MOTION FOR
ISSUANCE OF NEW SUMMONS FOR
SERVICE ON COLONIAL FIRST
BUSINESS DEVELOPMENT, LLC
Date:
Time:
Crtrm:

August 20, 2014
9:30 a.m.
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Defendants.

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The motion for issuance of a new summons for service on Colonial First Business

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Development, LLC came for hearing before this Court on August 20, 2014.

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Defendant Colonial First Lending Group, Inc. opposed the motion on the grounds

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that the Colonial First Business Development, LLC entity no longer existed, and

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presented evidence substantiating that fact. That evidence is well taken.

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ORDER – DENY MOTION & DISMISS CFBD WITH PREJUDICE

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THREREFORE, GOOD CAUSE APPEARING, this Court finds that:
1. the motion for issuance of a new Summons to Colonial First Business
Development, LLC is denied in its entirety; and

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2. Colonial First Business Development, LLC is dismissed, with
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prejudice.
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Dated: 8/25/2014

IT IS SO ORDERED.

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/s/ John A. Mendez_________________
District Court Judge of the United States
District Court, Eastern District of
California, Sacramento Division

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ORDER – DENY MOTION & DISMISS CFBD WITH PREJUDICE