Cavellini, et al v. Harris, et al

Filing 368

ORDER requiring further briefing in light of Defendant's 367 Notice of death of Trustor Rita E. Harris. Plaintiffs' supplemental brief due by 5/1/2015. Defendant's brief due by 5/15/2015. Motion Hearing on 350 Motion for Assignment Order continued to 6/18/2015 11:00 AM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 4/17/2015. (kawlc1, COURT STAFF) (Filed on 4/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROY T. CAVELLINI, et al.,

Case No. 93-cv-00057-SBA (KAW)

Plaintiffs,
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v.
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MICHAEL F. HARRIS, et al.,
Defendants.

Re: Dkt. Nos. 350 & 367

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United States District Court
Northern District of California

ORDER REQUIRING ADDITIONAL
BRIEFING REGARDING MOTION
FOR ASSIGNMENT ORDER; ORDER
CONTINUING HEARING TO JUNE 18,
2015

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On October 2, 2014, Plaintiffs and Judgment Creditors (“Plaintiffs”) filed a motion for

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assignment order against Defendant and Judgment Debtor Michael F. Harris (“Defendant”) to

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assign any and all rights to payment under the Rita Harris Trust, the Gilbert Harris Bypass Trust

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and/or the Michael Harris Discretionary Trust. (Dkt. No. 350.) The Court ordered further briefing

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and, on April 9, 2015, scheduled a hearing for May 7, 2015. (Dkt. No. 366.) On April 16, 2015,

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Defendant filed a notice of death of trustor Rita E. Harris. (Dkt. No. 367.)
Accordingly, Plaintiffs are ordered to submit a second supplemental brief, not to exceed

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five pages, on the effect of Mrs. Harris’s death on the pending motion, including whether

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resolution is still necessary and, if so, whether the district court, a court of limited jurisdiction, can

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grant all of the relief requested in the original motion. The brief shall be filed on or before May 1,

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2015.

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Defendant may file a response, also not to exceed five pages, on or before May 15, 2015.

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The hearing is continued to June 18, 2015.

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IT IS SO ORDERED.

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Dated: April 17, 2015
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KANDIS A. WESTMORE
United States Magistrate Judge