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First National Insurance Co. v. Jurin Construction

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 26, 2009

FIRST NATIONAL INSURANCE COMPANY, PLAINTIFF,
v.
JURIN CONSTRUCTION, INC., ET AL., DEFENDANTS.

ORDER

Plaintiff's motion for right to attach and writs of attachment came on regularly for hearing June 26, 2009.*fn1 Michael Lum appeared for plaintiff. No appearance was made for defendant Jurin Construction, Inc.*fn2 The court has been informed that the individual defendants, Ronald and Wendy Jurin have filed for bankruptcy. See E.D. Cal. Bankruptcy docket no. 09-33132. Accordingly, this action is stayed as against the individual defendants. Upon review of the documents in support, no opposition having been filed, upon hearing the arguments of counsel, and good cause appearing therefor, THE COURT FINDS AS FOLLOWS:

Plaintiff is entitled to the relief requested. Plaintiff previously submitted a proposed order (docket no. 19), which lists various properties plaintiff asserts are subject to attachment. It is not clear from the proposed order which of these properties are assets of the corporation and which are assets of the individual defendants. Because this action has been stayed as to the individuals, plaintiff shall be directed to submit a revised proposed order itemizing only those properties that are assets of the corporation.

In addition, plaintiff requests that the bond previously submitted in connection with the temporary protective order*fn3 be rolled over as the bond securing the right to attach order. That request will be granted. The revised proposed order shall include such provision.

Accordingly, IT IS HEREBY ORDERED that no later than June 29, 2009, plaintiff shall submit a proposed order incorporating the modifications described above.


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