JPMorgan Chase Bank, N.A. v. Oregon Park Senior Apartments Cooperative

Filing 91

ORDER RE MOTION TO VALIDATE ELECTION AND INSTRUCTIONS TO OPSA DEFENDANTS. Signed by Judge JEFFREY S. WHITE on 3/31/15. (jjoS, COURT STAFF) (Filed on 3/31/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JPMORGAN CHASE BANK NA,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 15-00536 JSW

v.
OREGON PARK SENIOR APARTMENTS
COOPERATIVE, et al.,

ORDER RE MOTION TO
VALIDATE ELECTION
AND INSTRUCTIONS TO OPSA
DEFENDANTS

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Defendants.
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Now before the Court is a motion styled “motion for hearing in opposition to application

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for appointment of temporary receiver and validate [sic] March 28, 2015 election of board of

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directors,” brought by Defendants Juanita Edington, Kevin Wiggins, Dale Anders, William

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Tiller,1 and Kenneth AKA Aja Feseah Jackson (“the Pro Se Defendants”). On March 25, 2015,

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the Court issued an Order related to Defendants’ Oregon Park Senior Apartments Cooperative,

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Douglas Butler, and Andre Nibbs (“the OPSA Defendants”) motion to appoint a receiver. In

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that Order, the Court ordered the parties to meet and confer regarding the identity of any

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receiver, and to submit a mutually agreeable suggestion to the Court by no later than April 3,

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2015.
By this motion, the Pro Se Defendants ask the Court to validate the election of a new

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Board of Directors on March 28, 2015. Given that the proposed election date has passed, there

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is no factual basis on which the Court could grant this motion. Moreover, the Pro Se

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On March 18, 2015, Plaintiff filed a notice of voluntary dismissal without prejudice
of Defendant William Tiller.
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Defendants provide no legal basis on which the Court could enter an order in this matter.

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Accordingly, the motion is DENIED.

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However, the Court reminds both groups of Defendants that they are still ORDERED to

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meet and confer regarding the identity of a neutral receiver. If the parties can agree upon such a

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person, they are ORDERED to submit a proposed order to that effect by no later than April 3,

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2015, as stated in the prior Order. The Court further clarifies that, if the parties are unable to

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reach agreement, they must file a document to that effect with the Court by no later than April

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3, 2015. Because the Pro Se Defendants are not e-filers the OPSA Defendants are ORDERED

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to serve this Order on the Pro Se Defendants by hand, and file a proof of service with the Court.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: March 31, 2015
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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