Presidio Group LLC et al v. GMAC Mortgage LLC et al

Filing 79

ORDER TO SHOW CAUSE re 66 MOTION for Summary Judgment; Show Cause Response due by 5/13/2009, signed by Judge Ronald B. Leighton. (DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Richard Cano, et. al., Defendants.

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA Presidio Group LLC, a Washington limited liability company, et. al., Plaintiff,

Case No. C08-05298RBL ORDER TO SHOW CAUSE

THIS MATTER is before the Court on Plaintiffs' Motion for Summary Judgment against Defendants Richard and Claire Cano (collectively "Canos"). [Dkt. # 66]. The Canos have appeared in this case, but have not otherwise defended, and have not responded to the Plaintiffs' Motion. The Canos are debtors in a pending bankruptcy proceeding before Judge Snyder. (Case number 0642615). A subset of the Plaintiffs in this case (the Kauhis) previously sought and obtained Relief from Stay to commence a lawsuit in Clark County Superior Court on state law claims. [See Dkt. # 35 in the Cano bankruptcy]. However, the parties, forum, and scope of Plaintiffs' current federal lawsuit against the Canos are not identical to the claims they previously pursued in state court, with permission of the bankruptcy court.
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See Judge Snyder's Order Granting Relief from Stay, August 31, 2007. [Dkt. # 57 in Cano bankruptcy]. All Plaintiffs are therefore ORDERED to SHOW CAUSE within five business days from the date of this Order, in a two page maximum, appropriately punctuated, footnote-free memorandum, that they have obtained relief from the automatic stay and should be permitted to proceed against the Canos in this litigation. Dated this 6th day of May, 2009.

A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

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