Palmtree Acquisition Corporation v. Neely et al

Filing 65

ORDER allowing filing of 1st amended 3rd party complaint; Signed by Judge Marilyn Hall Patel on 5/25/2010. (awb, COURT STAFF) (Filed on 5/25/2010)

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Paul Kozachenko, Esq., SBN: 104601 Selena P. Ontiveros, Esq., SBN: 211790 GONSALVES & KOZACHENKO 1133 Auburn Street Fremont, CA 94538 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Third Party Plaintiff Stark Investment Company, a California general partnership

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

PALMTREE ACQUISITION CORPORATION, a Delaware corporation, Plaintiff, vs. MICHAEL R. NEELY, an individual; PERRY J. NEELY, an individual; GARY NEELY, an individual; MICHAEL R. NEELY, PERRY J. NEELY and GARY NEELY dba MIKE'S ONE HOUR CLEANERS; CHARLES FREDERICK HARTZ dba PAUL'S SPARKLE CLEANERS; CHARLES F. HARTZ, an individual; MULTIMATIC CORPORATION, a New Jersey corporation; WESTERN STATES DESIGN, a California corporation; MCCORDUCK PROPERTIES LIVERMORE, LLC, a Delaware limited liability company individually and as the successor to JOHN MCCORMICK, KATHLEEN MCCORDUCK, PAMELA MCCORDUCK, SANDRA MCCORDUCK MARONA, and IMA FINANCIAL CORPORATION, a California corporation; STARK INVESTMENT COMPANY, a California general partnership; GRUBB & ELLIS REALTY INCOME TRUST, LIQUIDATING TRUST, a California trust;
20150002/412287v1

Case No. CV 08 3168 MHP

[PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT [FRCP 15(a) & 21]

Hon. Marilyn H. Patel

Case No. CV-08-3168 MHP [PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT

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and DOES 1-20, inclusive, Defendants. THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION, a New Jersey Corporation; and STARK INVESTMENT COMPANY, L.P., a California limited partnership, Third-Party Plaintiffs, v. MELINDA ELLIS EVERS, Successor Trustee of the Harold A. Ellis, Jr. Revocable Inter Vivos Trust Dated July 13, 2000; JAMES R. PROUD, an individual; DEAN BANKS, an individual; EMMETT R. DEMOSS JR., an individual; JOHN E. HYJER, an individual; THE ANDERSON MARITAL TRUST dated February 28, 1979, as amended and restated August 31, 1994; and THE ANDERSON TAX DEFERRAL TRUST, dated February 28, 1979, as amended and restated August 31, 1994, Third-Party Defendants.

WHEREAS Third Party Plaintiffs, The Kirrberg Corporation and Stark Investment Company, L.P. desire to file a First Amended Third Party Complaint; WHEREAS, Defendant Estate of Harold A. Ellis, Jr. is the only party that has appeared and does not oppose the filing of the First Amended Third Party Complaint; THEREFORE, IT IS HEREBY STIPULATED by and between the attorneys for Third Party Plaintiffs and for Third Party Defendant Estate of Harold A. Ellis, Jr. that Third Party Plaintiffs be granted leave to file a First Amended Third Party Complaint, a copy of which is attached, on or before May 24, 2010. /// 1

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Case No. CV-08-3168 MHP

[PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT

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APPROVED AS TO FORM AND CONTENT: Dated: May 24, 2010 DONGELL LAWRENCE FINNEY LLP

By:

/s/ Thomas F. Vandenburg Thomas F. Vandenburg Attorneys for Defendant and Third-Party Plaintiff THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION, a New Jersey corporation GONSALVES & KOZACHENKO

Dated: May 24, 2010

By:

/s/ Selena P. Ontiveros Selena P. Ontiveros Attorneys for Defendant and Third-Party Plaintiff Start Investment Company, a California general partnership STEIN & LUBIN LLP

Dated: May 24, 2010

By:

/s/ Jonathan E. Sommer Jonathan E. Sommer Attorneys for Defendant Estate of Harold A. Ellis, Jr.

IT IS SO ORDERED.

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Dated:

5/25/2010

Judge of the United States District Court

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Re:

Palmtree Acquisition v. Michael R. Neely, et al. United States District Court, Case No. CV 08-3168 MHP PROOF OF SERVICE--ELECTRONIC TRANSMISSION

STATE OF CALIFORNIA/COUNTY OF LOS ANGELES I am a citizen of the United States and am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is DONGELL LAWRENCE FINNEY LLP, 707 Wilshire Boulevard, 45th Floor, Los Angeles, CA 90017-3609. On the date set forth below, I electronically served the document described below via the United States District Court-Northern District's ECF, on the recipients designated on the Transaction Receipt located on the Court's website. [PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT [FRCP 15(a) & 21] On the following parties: SEE SERVICE LIST PROVIDED BY THE COURT'S ECF WEBSITE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am employed in the office of a member of the bar of this court, at whose direction the service was made. Executed on May 24, 2010, at Los Angeles, California. _ /s/ Sheryl R. Douglas _____________ Sheryl R. Douglas

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Case No. CV-08-3168 MHP [PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT