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07-191 - TFS Electronic Manufaturing Servies, Inc. vs Topsearch Printed Circuits (HK) Ltd


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07-191 - TFS Electronic Manufaturing Servies, Inc. vs Topsearch Printed Circuits (HK) Ltd
February 7, 2007
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ORDER granting 2 TFSs Motion to Withdraw the Reference of Adversary Proceeding 06-307 to the Bankruptcy Court FURTHER ORDERED THAT REFERENCE IS WITHDRAWN of TFSs claim against Avocent, in Adversary No. 06-307 filed in Bankruptcy No. 05-15403-PHX-RTV, for the limited purpose of conducting discovery that leads to an early dispute resolution procedure only, with trial to proceed in the Bankruptcy Court FURTHER ORDERED DENYING TFSs Motion 2 to Consolidate this action with TFS v. Topsearch, CV-06-1586-PHX-SMM, for all purposes without prejudice to TFS refiling this Motion at a later time FURTHER ORDERED DENYING TFSs Motion 2 to Consolidate this action with TFS v. Topsearch, CV-06-1586-PHX-SMM, for pretrial proceedings alone on the grounds that the request fails to conform to LRCiv 42(a)(2) FURTHER ORDERED CONSOLIDATING the present case with TFS v. Topsearch, CV-06-1586-PHX-SMM, for pretrial proceedings only. Under the facts of this case, Rule 42(a) of the Fed.R.Civ.P., which allows the Court to order consolidation of actions on its own motion, supersedes LRCiv 42(a)(2), which requires a motion to consolidate to be filed in each case FURTHER ORDERED that the Clerk of Court shall amend the caption of TFS v. Topsearch, CV-06-1586-PHX-SMM, to properly depict Avocent Corp as a defendant in that proceeding FURTHER ORDERED that all future filings relating to the instant case and TFS v. Topsearch shall be filed in CV-06-1586-PHX-SMM with a caption depicting TFS as Plaintiff and Topsearch and Avocent as separate Defendants. FURTHER ORDERED that the Clerk provide a copy of this Order to the Honorable Redfield T. Baum, Sr., U. S. Bankruptcy Court for the Dist of AZ. Signed by Judge Stephen M McNamee on 2/2/07.(MAP)
January 2, 2008
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ORDER granting Avocent's Motion to Enforce this Court's Orders 72 filed in Lead Case CV 06-1586 PHX-SMM, Order 82 filed on 1/2/08. IT IS FURTHER ORDERED that TFS's claim against Avocent, in Adversary No. 06-307 filed in Bankruptcy No. 05-15403-PHXRTV, shall be reinstated to the Bankruptcy Court in order to move forward with further discovery and trial. Defendant and Counter Claimant TFS Electronic Manufacturing Services Inc. and Plaintiff and Counter Defendant Avocent Corporation terminated. Signed by Judge Stephen M McNamee on 1/2/08. (LSP)