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IN RE CENTRIX FINANCIAL, LLC

Civil Action No. 09-cv-00088-PAB-CBS.

In re: CENTRIX FINANCIAL, LLC, et al., Debtors. CENTRIX FINANCIAL LIQUIDATING TRUST, et al., Plaintiffs, v. ROBERT E. SUTTON, et al., Defendants.

United States District Court, D. Colorado.

April 2, 2014.

Attorney(s) appearing for the Case

Centrix Financial Liquidating Trust, Plaintiff, represented by Ann Marie Uetz , Foley & Lardner, LLP, Douglas W. Jessop , Jessop & Company, PC, David B. Goroff , Foley & Lardner, LLP, Jerold Oshinsky , Kasowitz, Benson, Torres & Friedman, LLP, Katherine E. Licup , Foley & Lardner, LLP & Robert Seth Bressler , Foley & Lardner, LLP.

Jeffrey A. Weinman, Plaintiff, represented by Ann Marie Uetz , Foley & Lardner, LLP, Douglas W. Jessop , Jessop & Company, PC, David B. Goroff , Foley & Lardner, LLP, Jerold Oshinsky , Kasowitz, Benson, Torres & Friedman, LLP, John C. Smiley , Lindquist & Vennum, PLLP-Denver, Katherine E. Licup , Foley & Lardner, LLP & Robert Seth Bressler , Foley & Lardner, LLP.

Robert E. Sutton, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

6762 Potomac, LLC, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Centrix Consolidated, LLC, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Centrix Funds, LLC, Defendant, represented by Brian Keith Gart , Berger Singerman, P.A..

Founders Insurance Company, Ltd., Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Johnson Street Holdings, LLC, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Phoenix Capital Management, Defendant, represented by Brian Keith Gart , Berger Singerman, P.A..

RES Capital Holdings, Inc., Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Williston Holdings, LTD., Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Grand Construction, LLC, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Harrison Custom Builders, LTD., Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Design Management, Inc., Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC & Robert Mark Liechty , Cross Liechty Lane, P.C..

Gerald Fitzgerald, Defendant, represented by Caroline C. Fuller , Fairfield & Woods, P.C. & Michael A. Connolly , Connolly Law Firm, LLC.

Howard Klemmer, Defendant, represented by Brian Keith Gart , Berger Singerman, P.A..

John Schreven, Defendant, represented by John Craig Plotkin , Gregory & Plotkin, LLC.

Roland Anderson, Defendant, represented by John Craig Plotkin , Gregory & Plotkin, LLC.

Katherine Sutton, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Julie Sutton, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Elizabeth Sutton, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

David Sutton, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Birdie, LLC, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Julie L. Sutton Revocable Trust, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Potomac Aviation, LLC, Defendant, represented by Glenn W. Merrick , G.W. Merrick & Associates, LLC.

Foley & Lardner LLP, Movant, represented by Ann Marie Uetz , Foley & Lardner, LLP.

ORDER

PHILIP A. BRIMMER, District Judge.

This matter is before the Court on defendants' Renewed Request for Ruling on Rule 12(b) "Motion to Dismiss" [Docket No. 98].1 The Sutton defendants state that, in June 2009, they moved to dismiss this adversary proceeding in the United States Bankruptcy Court for the District of Colorado (the "bankruptcy court") and that no ruling has been entered on that motion. Docket No. 98 at 2, &...

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