Opinion
Case No. 1:03-CV-05439-OWW-DLB, (Consolidated with 1:03-CV-5774 OWW SMS and Stanislaus County Superior Court Case No. 322675).
May 13, 2011
D. Greg Durbin, # 81749, John M. Dunn, # 166482, Daniel S. Cho, # 260902, McCormick, Barstow, Sheppard, Wayte Carruth LLP, Fresno, CA, Attorneys Plaintiffs, Defendants and Cross-Defendants, FOX HOLLOW OF TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT GROUP, INC. and Defendant and Cross-Defendant ANDREW KATAKIS.
Plaintiffs, Defendants, and Cross-Defendants FOX HOLLOW OF TURLOCK OWNERS ASSOCIATION, CALIFORNIA EQUITY MANAGEMENT GROUP, INC., and Defendant and Cross-Defendant ANDREW KATAKIS (collectively, the "CEMG/Fox Hollow Parties"), having (1) filed their Motion to Sever and Stay Balance of Cross-Complaint in Response to Order Granting in part, Cross-Defendants' Motion to Dismiss Cross-Complaint, or in the Alternative, Sever and Stay Cross-Complaint on February 4, 2011 ("Motion to Stay Balance of Cross-Complaint") [Docket # 477] as to the Cross-Complaint filed herein on August 10, 2010 [Docket # 425] by Cross-Complainants GREGORY MAUCHLEY, RICHARD SINCLAIR, and BRANDON SINCLAIR; and (2) also having filed their Motion to Sever and Stay Counterclaim by LAIRTRUST, LLC on February 14, 2011 ("Motion to Stay Counterclaim") [Docket # 480] as to the Counterclaims filed herein on January 19, 2011 [Docket # 471] by Counterclaimant LAIRTRUST, LLC, and the Court having issued its Memorandum of Decision on April 29, 2011, granting such Motion to Stay Balance and Motion to Stay Counterclaim, and providing notice thereof to the parties through the electronic filing system:
NOW, THEREFORE, IT IS HEREBY ORDERED that CEMG/Fox Hollow Parties' Motion to Sever and Stay Balance of Cross-Complaint in Response to Order Granting in part, Cross-Defendants' Motion to Dismiss Cross-Complaint, or in the Alternative, Sever and Stay Cross-Complaint filed on February 4, 2011 [Docket # 477] be and hereby is GRANTED in its entirety;
IT IS HEREBY FURTHER ORDERED that the CEMG/Fox Hollow Parties' Motion to Sever and Stay Counterclaims by LAIRTRUST, LLC filed on February 14, 2011 [Docket # 480] be and hereby is GRANTED in its entirety.
IT IS SO ORDERED.
Dated: May 11, 2011