Finn

ORDER RE MOTIONS HEARD JANUARY 4, 2017

INTRODUCTION

Plaintiff Stephen Finn brings this action against several members of the Sullivan family and the Sullivan Vineyards, asserting claims based on a theory that he maintains a majority interest in the Sullivan Vineyard entities. However, during Finn and defendant Kelleen Sullivan’s divorce proceedings in a Colorado court, Finn represented that all of his interests in the Winery had been transferred to Kelleen Sullivan pursuant to the Colorado court’s October 2015 orders. I find that Finn’s claims are barred by judicial estoppel. His complaint is DISMISSED with prejudice.

At the January 4, 2017 hearing, defendants indicated that a foreclosure is scheduled for January 17, 2017, but provided no other information. With respect to the foreclosure, Finn, and any entities in which he has a controlling interest, including Winery' Rehabilitation, LLC, shall not foreclose on the Sullivan Vineyards’ property. To the extent a further order is necessary, the parties should prepare one.

BACKGROUND

I. FACTUAL BACKGROUND

This action follows the divorce between plaintiff Stephen Finn and Kelleen Sullivan, one of the individual defendants, in…