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Fox Hollow of Turlock Owners' Association v. Sinclair

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


January 19, 2010

FOX HOLLOW OF TURLOCK OWNERS' ASSOCIATION, PLAINTIFF,
v.
RICHARD SINCLAIR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER VACATING ORDER SUBSTITUTING ATTORNEY (Doc. ) 347

On December 21, 2009, the law firm of Neumiller & Beardslee filed a motion for leave to withdraw as counsel for Defendants Richard Sinclair, Brandon Sinclair, Gregory Mauchley, Lairtrust, LLC, Capstone, LLC, Mauctrst, LLC, and Stanley Flake as Trustee of Capstone Trust (Case No. CV-F-03-5439) and Mauctrst, LLC, Gregory Mauchley, Diana Mauchley, Lairtrust, LLC, Richard Sinclair, Deborah Sinclair, Sinclair Enterprises, Inc., Capstone, LLC, Brandon Sinclair, Stanley Flake, Stanley Flake as Trustee of Capstone Trust, Stanley Flake as Trustee of the F. House Trust, and Stanley Flake as Trustee of the Julie Insurance Trust (Case No. CV-F-03-5774 OWW/SMS). The motion to withdraw was noticed for hearing on January 25, 2010. On January 12, 2009, Richard Sinclair lodged a proposed Substitution of Attorney, substituting himself as counsel of record in lieu of Neumiller & Beardslee.

On January 14, 2010, Plaintiffs and Defendants Fox Hollow of Turlock Owners' Association and California Equity Management Group, Inc., and Defendant Andrew Katakis filed an opposition to the motion to withdraw, based on the assertion that Richard Sinclair, although a licensed attorney, cannot represent the entity defendants because of a potential conflict of interest.

The Order substituting Richard Sinclair as counsel of record was signed and filed on January 15, 2010. (Doc. 347).

The January 15, 2010 Order is VACATED. The Court will address the objections to Richard Sinclair's substitution on January 25, 2010.

IT IS SO ORDERED.

20100119

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