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Ciena Capital Funding, LLC v. DJR Properties

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


September 29, 2009

CIENA CAPITAL FUNDING, LLC, FORMERLY KNOWN AS BLX CAPITAL, LCC, A DELAWARE LIMITED LIABILITY CORPORATION, PLAINTIFF,
v.
DJR PROPERTIES, INC. DBA SUPER 8 MARIPOSA, A CALIFORNIA CORPORATION, UNITED STATE SMALL BUSINESS ADMINISTRATION, A GOVERNMENT AGENCY, ET AL., DEFENDANTS

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER ON STIPULATION TO WITHDRAW RECEIVERSHIP APPLICATION WITHOUT PREJUDICE

Documents #5 & #36

In this action for judicial foreclosure, appointment of receiver and declaratory and injunctive relief by plaintiff Ciena Capital Funding, LLC (hereinafter, "Ciena") against defendants DJR Properties, Inc. et al., the parties have filed a notice of tentative settlement, Doc. # 31, and a stipulation to withdraw the receivership application, Doc. # 5, without prejudice. Document # 5 is Plaintiff's ex parte application for (1) appointment of receiver, (2) issuance of temporary restraining order in aid of receiver, and (3) issuance of an order to show cause why a permanent receiver should not be appointed and permanent injunctive orders should not issue.

Based on the stipulation of the parties and good cause appearing therefore, the court hereby GRANTS the parties' stipulated request to withdraw Plaintiff's ex parte application set forth at Document # 5 of the court's docket report in this matter. Such withdrawal is without prejudice.

IT IS SO ORDERED.

20090929

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