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

ORDER OF DISMISSAL WITH PREJUDICE

ILLSTON, District Judge.

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…