McKnew, Thomas I. IV et al v. Wilson

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ORDER NOT FOR PUBLICATION
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION
In re
DAVID A. WILSON,
Debtor.
Case No. 2:12-bk-16195-RK
Chapter 7
Adv. No. 2:12-ap-01317-RK
THOMAS I. MCKNEW, IV and LISA A.
MCKNEW, individually and as
Trustees of the MCKNEW FAMILY
TRUST DATED MAY 21, 2004,
Plaintiffs,
vs.
DAVID A. WILSON
Defendant.
ORDER ON THE JUDGMENT
DEBTOR’S MOTION TO STRIKE
DECLARATIONS OF THOMAS I.
MCKNEW, IV and JAMES A. HINDS, JR.
Pending before the court is the Motion of Judgment Debtor David A. Wilson to
Strike the Declarations of Thomas I. McKnew, IV and James A. Hinds, Jr. (ECF 455).
The court determines that oral argument on the motion is not necessary, dispenses with
oral argument, takes the motion under submission, vacates the hearing on the motion on
July 8, 2015 at 1:30 p.m., and rules as follows.
///
///
FILED & ENTERED
JUL 02 2015
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	bakchell
Case 2:12-ap-01317-RK Doc 464 Filed 07/02/15 Entered 07/02/15 18:11:11 Desc
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Those declarations were filed by Judgment Creditors in support of supplemental
briefing on April 24 and 29, 2015. At the hearing on the Motion to Compel Answers of
Judgment Debtor on March 31, 2015, the court ordered supplemental briefing to be filed
by April 24, 2015. Audio Recording of Hearing Held March 31, 2015 at 4:01 p.m. The
declaration of Thomas I. McKnew, IV was filed on April 29, 2015, and is therefore
untimely. In addition, having read the Declaration of James A. Hinds, the court
determines that the declaration should be stricken because it goes beyond the scope of
the supplemental briefing authorized by the court and because it was not material to the
court’s separately entered order on the Motion to Compel Answers of Judgment Debtor of
this date. For the reasons stated here and in the moving papers, the Motion to Strike is
GRANTED. The hearing on the motion on July 8, 2015 is taken off calendar. No
appearances are required on July 8, 2015.
IT IS SO ORDERED.
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Date: July 2, 2015
Case 2:12-ap-01317-RK Doc 464 Filed 07/02/15 Entered 07/02/15 18:11:11 Desc
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