Tuesday, December 15, 2009

Objection Sustained, and a Service Quashed

The magistrate judge in the DeForest case sustained Ray DeForest's objection to the stay on the entire case, and lifted the stay as to Johnny Chisholm individually, and Bobby Warner individually:



So, the case is now reactivated as to those two individual defendants. A stay remains in place on the bankrupt Chisholm Properties Circuit Events LLC, and for some reason (an oversight?) the not-bankrupt Johnny Chisholm Global Events LLC. Although, since Global Events is empty shell with no assets, (probably) lots of debt, and negative goodwill from the OMP Paris fiasco, I wonder if it even matters to anyone if that stay is lifted or not?

Anyways, the other interesting ruling in this order is that Bobby Warner's Motion to Quash her defective service of process was granted as well. I kinda predicted this would happen. So, she is now officially un-served...but the magistrate judge has indicated she's not going to put up with this tomfoolery forever. DeForest's motion for additional time to correctly serve Warner was granted; in addition, Bobby Warner is required to provide her actual residential address to the court by December 29, or she'll reconsider the motion to consider her effectively served regardless.

Also in this order is a brief road map as to what'll happen next...I would call it the first glimmering of the light at the end of the tunnel:

"The pending amended motion for entry of default judgment against Defendant Johnny Chisholm (Doc. 100) shall be reinstated. The undersigned shall address this motion separately at a later date in a Report and Recommendation to the district court."
As I indicated in the previous post, this motion for default (as well as the similar motion in the Bardfield case) has been sitting around since October 5. So, after over two months of delay, what'll happen next is, "at a later date" the magistrate judge will write a "Report and Recommendation," then presumably at a still later date from that, the district court judge will read the Report and Recommendation, and finally make a ruling.

Addendum 12/29/09: Bobby Warner successfully filed a notice today with the court, listing an address purporting to be her current residential address.

No comments:

Post a Comment