Trinchitella v. American Realty Partners LLC, et al

Filing 89

ORDER signed by District Judge Dale A. Drozd on 8/29/23 ADOPTING in full 88 Findings and Recommendations and GRANTING 83 the motion to withdraw as counsel of record for defendants filed by attorneys Stephen W. Robertson and Stephen Ramazzini. The Clerk is directed to update the docket in this action to include defendant Sean Zarinegar's address provided in this order and serve a copy of this order upon defendant Zarinegar. Attorney Stephen Ramazzini and Stephen W. Robertson are TERMINATED as counsel of record for defendants American Realty Partners, LLC; Performance Realty Management, LLC; Corix Bioscience, Inc.; American Housing Income Trust, Inc.; and Sean Zarinegar. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD F. TRINCHITELLA,

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Plaintiff,

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No. 2:15-cv-02365-DAD-JDP

v.
AMERICAN REALTY PARTNERS, LLC,
et al.,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
MOTION TO WITHDRAW AS COUNSEL
(Doc. Nos. 83, 88)

Defendants.

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On September 15, 2022, attorneys Stephen W. Robertson and Stephen Ramazzini of the

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law firm Hardy Erich Brown & Wilson filed an unopposed motion to withdraw as counsel of

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record for defendants American Realty Partners, LLC (“ARP”); Performance Realty

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Management, LLC (“PRM”); Corix Bioscience, Inc. (“Corix”)1; and Sean Zarinegar (collectively,

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“defendants”). (Doc. No. 83.) That motion was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 7, 2023, the assigned magistrate judge issued findings and recommendations

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recommending that the pending motion to withdraw as counsel for defendants (Doc. No. 83) be

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Although plaintiff named defendant American Housing Income Trust, Inc. (“AHIT”) as a
separate defendant in his operative second amended complaint, the court has already concluded
that American Housing Income Trust, Inc. is the same entity as defendant Corix—AHIT changed
its name to Corix; they are not separate entities. (See Doc. No. 68 at 3–4.) Accordingly, the court
construes the pending motion as seeking withdrawal as counsel of record for defendant AHIT as
well.
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granted. (Doc. No. 88.) The magistrate judge also recommended that defendants not be allowed

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any additional time to obtain new counsel because defendants have already been afforded ample

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time to obtain new lead counsel; specifically, the court stayed this action in August 2020 to allow

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defendants an opportunity to hire new counsel, and they still have not done so. (Id. at 3, n.2.) In

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addition, as noted in the findings and recommendations, defendants ARP, PRM, and Corix are all

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no longer operating; they are dissolved entities.2 (Id. at 2.) Further, the individual defendant

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Zarinegar did not oppose the pending motion to withdraw as counsel for defendants, and counsel

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provided defendant Zarinegar’s last known address: 42132 N. Mountain Cove Drive, Phoenix,

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AZ, 85086. (See Doc. No. 83-1 at 7.) The pending findings and recommendations were served

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on all parties and contained notice that any objections thereto were to be filed within fourteen

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(14) days of service. (Id. at 3.) No objections have been filed, and the time in which to do so has

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now passed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court conducted a de

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novo review of the case. Having carefully reviewed the file, the court concludes that the findings

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and recommendations are supported by the record and proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on August 7, 2023 (Doc. No. 88) are
adopted in full;

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2.

The motion to withdraw as counsel of record for defendants filed by attorneys

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Stephen W. Robertson and Stephen Ramazzini of the law firm Hardy Erich Brown

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& Wilson (Doc. No. 83) is granted;

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3.

The Clerk of the Court is directed to update the docket in this action to include

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defendant Sean Zarinegar’s last known contact information and addresses of

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record as follows:

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Sean Zarinegar
42132 N. Mountain Cove Drive
Phoenix, AZ, 85086

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The undersigned notes that plaintiff filed a motion for default judgment against defendants,
which remains pending before the assigned magistrate judge. (Doc. No. 77.)
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4.

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The Clerk of the Court is also directed to serve a copy of this order upon the
defendant Zarinegar at the above address; and

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5.

The Clerk of the Court is further directed to terminate attorneys Stephen W.

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Robertson and Stephen Ramazzini as counsel of record for defendants American

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Realty Partners, LLC; Performance Realty Management, LLC; Corix Bioscience,

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Inc.; American Housing Income Trust, Inc.; and Sean Zarinegar.

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IT IS SO ORDERED.
Dated:

August 29, 2023
UNITED STATES DISTRICT JUDGE

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