Tahoma Denali Properties, LLC v. Schoenmann (In re Aspen Healthcare, Inc.)

ORDER OF DISMISSAL WITH PREJUDICE

On July 27, 2001, the Court heard argument on Trustee E. Lynn Schoenmann’s motions to dismiss two related actions. Having carefully considered the arguments of counsel and the papers submitted, the Court hereby GRANTS the motion for the reasons set forth below.

BACKGROUND

These actions involve a dispute over property commonly known as 7079 State Highway 89 in Tahoma, California (“Taho-ma Property”). On July 31, 2000, appellant E. Lynn Schoenmann (“Trustee”), trustee to the bankruptcy estate of Aspen Health Care, Inc., obtained a default judgment in an adversary proceeding (AP 00-3107-TC) before the United States Bankruptcy Court for the Northern District of California. That judgment determined that the Tahoma Property was an asset of the bankruptcy estate, and that appellants Robert Fisher (“Fisher”) and Tahoma Denali Properties (“Tahoma”) have no ownership interest in the Tahoma Property. Fisher and Tahoma (together “appellants”) filed a motion for relief from the default judgment in the bankruptcy court on September 6, 2000. See Declaration of Daniel M. Linchey (“Linchey Deck”) at Ex. B.

While the motion for relief from the default judgment…