Baek et al v. Halvorson et al

Filing 36

ORDER signed by Senior Judge William B. Shubb on 6/4/2018 DENYING Weneta Kosmala's Requests for Continuance 19 , 34 . (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD BAEK, an individual;
BAEK 153, LLC, an Oregon
Limited Liability Company;
and PACIFIC commercial GROUP,
LLC, an Oregon Limited
Liability Company,

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ORDER RE: REQUEST FOR
CONTINUANCE

Plaintiffs,

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CIV. NO. 2:15-1425 WBS DB

v.
JOHN O. HALVORSON, an
individual; DAN L. HALVORSON,
an individual; and JERRY ANN
RANDALL, individually and as
trustee of the JERRY ANN
RANDALL TRUST dated July 30
2017; PCC FUND 1, LLC, a
California Limited Liability
Company; GRANITE BAY PARTNERS
II, LLC, a Delaware Limited
Liability Company; JH RE
HOLDINGS, LLC, a Delaware
Limited Liability Company;
COMMERCIAL INCOME ADVISORS,
INC., a California
Corporations; and DOES 1-5
Defendants.

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Plaintiffs filed a Motion to Confirm the Validity of
this Court’s Prior Orders and a Motion for Stay Relief to
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Voluntarily Dismiss Non-Answering Defendants.

(Docket Nos. 17,

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18.)

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Kosmala, the chapter 7 Trustee of the bankruptcy estate of debtor

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John Halvorson, has filed Requests for Continuance.

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19 and 34.)

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Venue of the instant action to the Bankruptcy Court, which is set

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for hearing on June 29, 2018.

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hearings on plaintiffs’ Motions be continued to June 29, 2018.

The Motions are set to be heard on June 11, 2018.

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Weneta

(Docket Nos.

The Trustee intends to file a Motion to Transfer

Accordingly, she requests that the

Plaintiffs oppose the Request for Continuance.

(Docket

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No. 22.)

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plaintiffs’ counsel will be out of town on June 29, 2018, and

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thus plaintiffs will be prejudiced if the court grants a

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continuance.

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she has a conflict with the June 11, 2018 date.

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court is not persuaded that a continuance is necessary, and will

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deny the Trustee’s Requests for Continuance.

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Among other factors, plaintiffs indicate that

The Trustee, on the other hand, has not stated that
Accordingly, the

IT IS THEREFORE ORDERED that the Trustee’s Requests for

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Continuance (Docket Nos. 19 and 34) be, and the same hereby are,

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DENIED.

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Dated:

June 4, 2018

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