Avalanche Funding, LLC v. Arif et al

Filing 119

ORDER signed by District Judge Troy L. Nunley on 10/28/20 SUBSTITUTING Parties. Avalanche Funding, LLC, as assignee of Timothy Swickard, Avalanche Funding, LLC, as assignee of Mapes Ranch, Inc. and Avalanche Funding, LLC, as assignee of Five Dot Cattle Company added. (Kaminski, H)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
JOSEPH A. SALAZAR JR., SB# 169551
2
E-Mail: [e-mail]
RYAN MATTHEWS, SB# 311674
3
E-Mail: [e-mail]
2020 West El Camino Avenue, Suite 700
4 Sacramento, California 95833
Telephone: [phone]
5 Facsimile: 916.564.5444
6 Attorneys for Five Dot Cattle Company, Mapes
Ranch, Inc. and Timothy Swickard
7
8 Mary Bacon, Bar No. 283369
[e-mail]
9 John O’Brien (admitted Pro Hac Vice)
Scott C. Sandberg (admitted Pro Hac Vice)
10 [e-mail]
[e-mail]
11 SPENCER FANE, LLP
1700 Lincoln Street, Suite 2000
12 Denver, Colorado 80203
13 Attorneys for Plaintiff Avalanche Funding, LLC
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15

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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LEWI
S 

BRISBOI
S 
BISGAARD

18 AVALANCHE FUNDING, LLC, a Colorado
limited liability company,
19
Plaintiff,
20
vs.
21
SYED M. ARIF, an individual; SYEDA
22 REHANA BEGUM, an individual; TIM
SWICKARD, an individual; MAPES
23 RANCH, INC., a California corporation; FIVE
DOT CATTLE COMPANY, a California
24 corporation; NORMAN F. RICE, deceased;
THE TESTATE AND INTESTATE
25 SUCCESSORS OF NORMAN F. RICE,
DECEASED, AND ALL PERSONS
26 CLAIMING BY, THROUGH OR UNDER
SUCH DECEDENT, AS REPRESENTED BY
27 THE PRESONAL REPRESENTATIVE OF
THE ESTATE OF NORMAN RICE;
28 GLORIA RICE, deceased; THE TESTATE

CASE NO. 2:16-CV-02555-TLN-KJN
ORDER GRANTING MOTION AND
STIPULATED MOTION FOR
SUBSTITUTION OF PARTIES
Date: December 3, 2020
Time: 2:00 pm.
Crtrm.: 2, 15th Floor
The Hon. Troy L. Nunley
Trial Date:

None Set

1
ORDER GRANTING MOTION AND STIPULATED MOTION FOR SUBSTITUTION OF PARTIES

LEWI
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BRISBOI
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BISGAARD

1 AND INTESTATE SUCCESSORS OF
GLORIA RICE, deceased, AND ALL
2 PERSONS CLAIMING BY, THROUGH OR
UNDER SUCH DECEDENT, AS
3 REPRESENTED BY THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF
4 GLORIA RICE; RICE 1997 FAMILY
TRUST; GLORIA M. RICE;, TRUSTEE OF
5 THE RICE 1997 FAMILY TRUST;
NORMAN RICE ENTERPRISES, INC., a
6 Nevada corporation; MATTHEW G.
HUNTLEY aka MATTHEW GRANT
7 HUNTLEY, an individual; MICHON
HUNTLEY, an individual; RAMONA
8 STONEBARG ER, deceased; THE TESTATE
AND INTESTATE SUCCESSORS OF
9 RAMONA STONEBARGER, DECEASED,
AND ALL PERSONS CLAIMING BY,
10 THROUGH OR UNDER SUCH
DECEDENT, AS REPRESENTED BY THE
11 PERSONAL REPRESENTATIVE OF THE
ESTATE OF RAMONA STONEBARGER;
12 ART KOFFINKE, deceased; THE TESTATE
AND INTESTATE SUCCESSORS OF ART
13 KOFFINKE, DECEASED, AND ALL
PERSONS CLAIMING BY, THROUGH OR
14 UNDER SUCH DECEDENT, AS
REPRESENTED BY THE PERSONAL
15 REPRESENTATIVE OF THE ESTATE OF
ART KOFFINKE; LARRY CAMPBELL,
16 deceased; THE TESTATE AND INTESTATE
SUCCESSORS OF LARRY CAMPBELL,
17 DECEASED, AND ALL PERSONS
CLAIMING BY, THROUGH OR UNDER
18 SUCH DECEDENT, AS REPRESENTED BY
THE PERSONAL REPRESENTATIVE OF
19 THE ESTATE OF LARRY CAMPBELL;
HANSON CATTLE COMPANY, purported
20 corporation of likely Nevada domicile;
HANSEN CATTLE COMPANY, a Nevada
21 corporation; NORTH AMERICAN
TECHNICAL TRADING CO., INC., an
22 Illinois corporation; A TRUSTEE OF AN
UNNAMED TRUST TO BE ESTABLISHED
23 REFERENCED IN A NOTICE RECORDED
ON FEBRUARY 11, 1997 IN VOLUME 660
24 AT PAGE 559; CHICAGO TITLE
COMPANY in its capacity as Trustee under a
25 Deed of Trust Recording Number 2008-04633
of Official Records, Lassen County; ALL
26 PERSONS UNKNOWN CLAIMING ONLY
LEGAL OR EQUITABLE RIGHT, TITLE
27 INTEREST OR CLOUD ON PLAINTIFF’S
INTEREST IN PROPERTY; and DOES 1 —
28 50,
2
ORDER GRANTING MOTION AND STIPULATED MOTION FOR SUBSTITUTION OF PARTIES

1
Defendant.
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4

Before the Court is the Stipulated Motion for Substitution of Parties filed by Plaintiff

5 Avalanche Funding, LLC (“Lender”), and Defendants Five Dot Cattle Company, Mapes Ranch
6 Inc., and Timothy Swickard (collectively, “Swickard Defendants”). Good cause appearing, the
7 Court grants the Motion and orders as follows:
8
9

1.

The parties in this case are substituted as follows:

PRIOR PARTY
TIM SWICKARD

SUBSTITUTED PARTY
AVALANCHE FUNDING, LLC, as assignee
of TIM SWICKARD

MAPES RANCH, INC.

AVALANCHE FUNDING, LLC, as assignee
of MAPES RANCH, INC.

FIVE DOT CATTLE COMPANY

AVALANCHE FUNDING, LLC, as assignee
of FIVE DOT CATTLE COMPANY

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2.

The caption for this case is amended as shown above.

16 DATED: October 28, 2020
17
18
Troy L. Nunley
United States District Judge

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27

LEWI
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BRISBOI
S 
BISGAARD

28
3
ORDER GRANTING MOTION AND STIPULATED MOTION FOR SUBSTITUTION OF PARTIES