Wasney v. Schwartz

Filing 32

ORDER GRANTING 30 Notice of Withdrawal of 19 Ex Parte Application to Stay Action Pending Appeal filed by Donald Charles Schwartz. Signed by Judge Edward J. Davila on 2/28/2012. (ecg, COURT STAFF) (Filed on 2/28/2012)

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S ER H 6 Attorney for Cross-Complainant Donald C. Schwartz 7 R NIA J . D av i l a LI RT 5 d w a rd J u d ge E FO NO 4 DERED O OR IT IS S A 3 UNIT ED 2 Donald C. Schwartz, Esq. (SBN 122476) Law Offices of Donald C. Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 831-331-9909/Fax 831-662-9892 triallaw@cruzio.com RT U O 1 S DISTRICT TE C TA N D IS T IC T R 8 C 2/28/2012 UNITED STATES BANKRUPTCY COURT, 9 OF FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 In Re: ] ] DONALD CHARLES SCHWARTZ, ] ] Debtor. ] ] _____________________________________ ] DAVID A. WASNEY, SR., 17 Plaintiff/Appellant, 18 19 20 vs. DONALD CHARLES SCHWARTZ, 21 22 23 Defendant/Respondent. . ____________________________________ Case No. 5-09cv05831 Bk No. 08-55102 MM CHAPTER 7 ] NOTICE OF WITHDRAWAL OF EX ] PARTE APPLICATION FOR ORDER ] STAYING ACTION PENDING APPEAL ] ] ] ] ] ] ] ] 24 25 Please take notice that Cross-Complainant Donald C. Schwartz hereby respectfully 26 withdraws his Ex Parte Application to Stay this action pending appeal – which motion is under 27 28 1 1 submission. Cross-Complainant wishes to presently proceed in this action against Cross- 2 Defendant David A. Wasney, Jr. 3 4 5 6 7 Dated: February 25, 2012 S/______________________ Donald Charles Schwartz Attorney for Cross-Complainant In Pro Per 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 CERTIFICATE OF SERVICE 2 3 4 5 I declare that I am employed in the County of Santa Cruz, California; that I am over the age of eighteen and am not a party to the foregoing action. My business address is 7960-B Soquel Drive, No. 291, Aptos, CA 95003. On the date shown below, I served the following document(s): 6 7 8 9 10 11 12 13 14 15 16 17 18 NOTICE OF WITHDRAWAL OF EX PARTE APPLICATION TO DISMISS CROSSDEFENDANT DAVID A. WASNEY, JR. on each person named below by placing a copy in an envelope addressed as shown below and placing the envelope for collection and mailing on the date and at the place shown above following our ordinary business practices. I am readily familiar with this business practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing it is deposited in the ordinary course of business with the United States Mail with First Class postage fully prepaid. Klaus J. Kolb Attorney 400 Capitol Mall, 11th Floor Sacramento, CA 95814 Fax: 916-492-0598 I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and that this declaration was executed on February 25, 2012 in Santa Cruz County, California. 19 20 S/__________________________ Patti Klinkhammer 21 22 23 24 25 26 27 28 3

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