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08-042 - Best Western International, Inc., v. Super Sunrise, L.L.C., et al


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08-042 - Best Western International, Inc., v. Super Sunrise, L.L.C., et al
December 5, 2008
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MEMORANDUM OPINION & ORDER, 1) Case Transfer to District of USDC/District of Arizona, and to transmit a certified copy of the entire record to that court; 2) dfts Motion to dismiss or alternative stay action 27 is denied w/o prej; dft may re-file its Rule 60(b)(4) motion in the USDC for District of Arizona 3) pla request for hearing on motion to dismiss is denied 4) the $89,000 deposited by the members of SuperSunrise LLC and currently held by Donald Yates in his firm's escrow acct, shall remain in that acct pending the resolution of Super Sunrise's jurisdictional challenge before USDC for District of Arizona; in event that parties wish the $89,000 to be held by an agent in Arizona, they shall present an agreed order to that effect before USDC for District of Arizona; 5)Action is stricken from docket of the court Case Terminated.. Signed by David L. Bunning on 12/5/08.(SMT)cc: COR