ACF 2006 Corp. v. Farrise et al

Filing 106

ORDER RE: MOTION FOR SUMMARY JUDGMENT re 95 MOTION for Summary Judgment filed by ACF 2006 Corp. Status Report re the status of proceedings in the state court to be filed by 8/20/2018. Signed by Judge Yvonne Gonzalez Rogers on 8/9/2018. (fs, COURT STAFF) (Filed on 8/9/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ACF 2006 CORP.,
Plaintiff,

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CASE NO. 18-cv-00029-YGR
ORDER RE: MOTION FOR SUMMARY
JUDGMENT

vs.
SIMONA A. FARRISE, ET AL.,

Re: Dkt. No. 95

Defendants.

United States District Court
Northern District of California

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Pending before the Court is plaintiff’s motion for summary judgment. (Dkt. No. 95.) The

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Court previously vacated the hearing on plaintiff’s motion due to defendants’ failure to file a

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timely response on July 30, 2018. (Dkt. No. 102.) Defendant Kimberley Farrise subsequently

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filed his response to the motion on August 7, 2018, in which he notes that his pending motion to

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join plaintiff in the ongoing state court divorce proceedings is set for hearing before the Alameda

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County Superior Court on August 16, 2018. (Dkt. No. 103.) Pursuant to the briefing schedule

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previously set by this Court, plaintiff may file a reply in support of its motion by no later than

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August 14, 2018.

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However, as this Court has indicated numerous times, it is not inclined to encroach on the

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family court’s primary role in deciding issues pertaining to the characterization and distribution of

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community estates. Accordingly, by no later than August 20, 2018, the parties shall file a joint

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statement advising the Court of the status of the proceedings in the state court. Once the Court is

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in receipt of the parties’ submission, it will determine how to proceed on plaintiff’s pending

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motion for summary judgment.

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IT IS SO ORDERED.
Dated: August 9, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE