ALLEN v. MAYA, LLC

OCR transcription for search; preserved printed pages are authoritative

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AUTHENTICAT

INFORMATIO

Main Document

Case 2:07-ap-01325-TD Doc 35_ Filed 07/20/07 Entered 07/23/07.1152:33 De

Page 1 of 4 “pres wg FILED edt Regine

JUL 2 0 2007

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ERA, U.S. BANKRUPTCY COURT
coral DISTRICT OF CALIFORNIA
ay Deputy Cesk

UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA

In re
CYTODYN OF NEW MEXICO, INC.,
Debtor.

MAYA, LLC, a Nevada Limited Liability
Company,

Plaintiff,

CYTODYN OR NEW MEXICO, INC., a
corporation; CYTODYN, INC., a
corporation; ALLEN D. ALLEN; CORINNE
E. ALLEN; AMERIMMUNE
PHARMACEUTICALS, INC.;
AMERIMMUNE, INC.; and DOES 1
through 50, inclusive,

Defendants.

USBC New Mexico
Case No. 07-11008 - s11

Adv. No. 07-01325-TD

Chapter 11

EVIDENTIARY RULINGS

DATE: July, 11, 2007
TIME: 11:00 a.m.
PLACE: Courtroom 1345

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Case 2:07-ap-01325-TD Doc 35 Filed 07/20/07 Entered 07/23/07 11:52:33 Desc

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The following are my evidentiary rulings based on objections to written

declarations filed by Allen D. Allen (Allen) and Maya, LLC (Maya).

1. Objections were filed by Maya to the following declarations, filed on behalf of Allen:

Brubacher declaration in support of motion to transfer, filed May 18, 2007

Maya filed evidentiary objections to the May 18 Brubacher declaration on May

30, 2007. | am ruling on the May 30 objections as follows:

Paragraph and Line Number Ruling
5:27-6 Sustained
6:7-13 Sustained
7(a):18-21 Sustained
7(b):22-23 Sustained
7(d):26-27 Sustained
7(e):28-3 Overruled
7 (f):4-7 Sustained
7(g):8-10 Sustained
9:19-3 Sustained
10:4-41 Sustained
11:12-14 Sustained

Brubacher declaration in opposition to motion for abstention and remand, filed

May 30, 2007

Maya filed evidentiary objections to the May 30 Brubacher declaration on June

6, 2007. | am ruling on the June 6 objections as follows:

Paragraph and Line Number

Ruling

5:27-6 Sustained
6:7-8 Sustained
7(a):13-19 Sustained

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Case 2:07-ap-01325-TD Doc 35 Filed 07/20/07 Entered 07/23/07 11:52:33 Desc

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7(b):20-21 Sustained
7(d):24-25 Sustained
7(e@):26-28 Overruled
7(f):1-7 Sustained
7(g):8-15 Sustained
11:27-6 Sustained
12:8-14 Overruled
13:15-4 Sustained
14:5-11 Sustained
15:12-15 Sustained

2. Objections were filed by Allen on June 6, 2007 to the following declarations, filed on
behalf of Maya.
Lorman declaration in opposition to motion to transfer, filed May 30, 2007

Sustained as to objections to {3 line 10; {54 lines 13-14; | 57, line 28; and {J
66. Otherwise, the objections are overruled.

The declarant’s testimony and exhibits are offered not to prove the truth of the
matters asserted, but to explain the history of the underlying lawsuit and the basis for
Maya’s opposition to transfer of the lawsuit to the New Mexico bankruptcy court.
Lorman appears to have fairly explained this history from the standpoint of his long-
standing involvement in the dispute as Maya’s (and Lewis’) state court lawyer. The
declaration asserts claims that have not yet been proved in court but require, for
proper determination, a trial and a verdict and decision based on disputed claims

arising during four years of litigation in the Los Angeles Superior Court.

i HONAS ¢ DONOVAN .

United States Bankruptcy Judge

SO ORDERED.
DATED: 7/20/07

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Case 2:07-ap-01325-TD Doc 35_ Filed 07/20/07 Entered 07/23/07 11:52:33
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NOTICE OF ENTRY OF JUDGMENT OR ORDER
AND CERTIFICATE OF MAILING

TO ALL PARTIES IN INTEREST LISTED BELOW:

1. You are hereby notified that a judgment or order entitled:

EVIDENTIARY RULINGS
was entered on ‘[- 23-07].

Desc

2. | hereby certify that | mailed a true copy of the order or judgment to the persons

and entities listed below on _~1- 23-07.

Debtor/Defendant

Cytodyn of New Mexico, Inc.
227 East Palace Ave.

Suite M

Santa Fe, NM 87501

Attorney for Debtor
William F. Davis, Esq.

William F. Davis & Associates, P.C.

6709 Academy NE, Suite A
P.O. Box 6
Albuquerque, NM 87103

Defendants

Allen D. Allen

4236 Longridge Ave. #302
Studio City, CA 91604

Corinne E. Allen

227 £. Palace Avenue
Suite M

Santa Fe, NM 87501

Amerimmune Pharmaceuticals, Inc.

2325-A Renaissance Drive
Las Vegas, NV 89119

Dated: 7- 23-07)

Attorney for Defendants
Gregory M. Salvato

Parker Milliken Clark O’Hara &
Samuelian

555 S. Flower St. 30" Floor
Los Angeles, CA 90071

Plaintiff

Maya, LLC

c/o Bruce Lorman

1416 Sixth Street

Santa Monica, CA 90401

Attorney for Plaintiff

J. Scott Bovitz, Esq.
Bovitz & Spitzer

880 West First Street
Suite 502

Los Angeles, CA 90012

U.S. Trustee

Office of the U. S. Trustee
Ernst & Young Plaza

725 S. Figueroa St., 26" Floor
Los Angeles, CA 90017

yA Ah g —

4 Clerk