Century Surety Co v. 350 WA LLC, et al

Filing 207

ORDER Denying as Moot 200 Motion for Relief from June 27, 2008 Order: Based on the judgment debtors statement that their motion is moot in light of the full satisfaction of judgment, judgment debtors motion for relief from the Courts June 27, 2008 Order is DENIED AS MOOT. Signed by Judge M. James Lorenz on 9/17/2008. (All non-registered users served via U.S. Mail Service).(mjj)

1 2 3 4 5 6 7 8 9 10 11 CENTURY SURETY COMPANY, 12 13 v. 14 350 W.A., LLC, et al., 15 16 17 AND RELATED COUNTERCLAIMS. 18 19 Defendants. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 05-CV-1548-L(LSP) ORDER DENYING AS MOOT MOTION FOR RELIEF FROM JUNE 27, 2008 ORDER [doc. #200] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendant/Counterclaimant 350 W.A., LLC ("350"), and counterclaimant Blackburn,

20 and judgment debtors The David A. Blackburn Family Trust, B&H Property Systems, Inc., and 21 350 West Ash Urban Homes (collectively "judgment debtors") move for relief from the Court's 22 June 27, 2008 Order that adopted the Report and Recommendation entered in this action. 23 Century Surety opposed the motion. In their reply, judgment debtors state that their motion will 24 be rendered moot "because the attachment will be released as a matter of right upon satisfaction 25 of the judgment." (Reply memo at 3.) On September 10, 2008, the judgment debtors filed an 26 "acknowledgment of full satisfaction of judgment" signed by counsel for plaintiff, Century 27 Surety. (See docket no. 205.) 28 Based on the judgment debtors' statement that their motion is moot in light of the full
05cv1548

1 satisfaction of judgment, judgment debtors' motion for relief from the Court's June 27, 2008 2 Order is DENIED AS MOOT [doc. #200]. 3 IT IS SO ORDERED.

4 DATED: September 17, 2008 5 6 7 COPY TO: 8 HON. LEO S. PAPAS UNITED STATES MAGISTRATE JUDGE 9 10 ALL PARTIES/COUNSEL 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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05cv1548

M. James Lorenz United States District Court Judge