DeMartini

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UNITED STATES DISTRICT COURT

8 FOR THE EASTERN DISTRICT OF CALIFORNIA

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10 TIMOTHY P. DEMARTINI, et al., No. 2:14-cv-02722-DJC-CKD

11 Plaintiffs, v. 12 ORDER MICHAEL J. DEMARTINI, et al., 13 Defendants. 14

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16 Pending before the Court is Defendants’ Motion to Set Aside Interlocutory

17 Judgment on Partition (“Motion to Set Aside” or “Motion”). (ECF No. 458.) For the

18 reasons set forth below, the Motion to Set Aside is DENIED.

19 The Court will schedule a hearing on the Status Report (ECF No. 441) and

20 Appraisal Report and Analysis (ECF No. 442) (collectively, “Partition Report”) prepared

21 by Referee Charles R. Farrar, Jr. in October 2019. Referee Farrar and the Parties will

22 be granted an op portunity to submit supplemental briefing on the Partition Report. 23 In addition, the Ninth Circuit has reversed summary judgment as to Defendants’ 24 breach of partnership and defamation counterclaims and ordered retrial of Plaintiffs’ 25 breach of contract claim. (ECF No. 455.) Accordingly, the Court will order the Parties 26 to contact the…