Opinion
CASE NO. 05-25290-DK, ADVERSARY NO. 05-01808 Consolidated.
February 27, 2008
The foregoing Consented to: Kenneth S. Kaufman, Esquire, Federal Bar # 16377, Garson Claxton LLC, Bethesda, MD, Attorney for Clark Construction Company.
Mark S. Saudek, Esquire, Federal Bar #23963, Gallagher Evelius Jones LLP, Baltimore, Maryland, Attorney for Bozzuto Construction Company.
Michael G. Rinn, Esquire, Federal Bar No. 01310, Cockeysville, MD, Special Counsel to Chapter 7 Trustee.
STIPULATION AND CONSENT ORDER SUBSTITUTING PARTY PLAINTIFF
Upon Consideration of the consents of Marc H. Baer, Chapter 7 Trustee, ("Trustee"), Clark Realty Builders, LLC ("Clark"), and Bozzuto Construction Co. ("Bozzuto") as reflected by the signatures and consents of their undersigned counsel to the entry of an Order in the following format and for the purpose of clarifying the status of the proceedings and upon consideration of prior Orders entered in these proceedings, good cause having been shown, it is;
ORDERED; That the Trustee's Motion to Substitute as Party Plaintiff as to Count III only of the Bozzuto Second Amended Complaint against Dean Bateson, Cynthia Bateson and Bateson Construction Carolina, LLC is granted; and it is further
ORDERED; The Trustee shall be and hereby is substituted for Bozzuto Construction Co. as sole Plaintiff as to Count III only of the Bozzuto Second Amended Complaint against Dean Bateson, Cynthia Bateson and Bateson Construction Carolina, LLC and it is further
ORDERED; That the prior Orders of this Court (Document 29) by which Marc H. Baer, Chapter 7 Trustee was substituted for Clark Realty Builders, LLC as sole Plaintiff as to Count V of the Complaint of Clark, and by which the Trustee was added as an additional Party Plaintiff as to Clark's claims of alter ego liability against Dean Bateson and Cynthia Bateson (Count VI of the Clark Complaint) shall apply to these consolidated proceedings.
SO ORDERED