Laserfiche WebLink
Case 10 -03623 -AJC Doc 184 Filed 05/05/15 Page 9 of 15 <br />is no longer a party in interest in this matter since it has already been paid on its secured claim <br />from the proceeds of the sale of these mines. Judgment is entered herein to reflect Worldwide' s <br />interest, and that it has been paid on its interest as a result of the approved settlement. <br />Previous Answers and Counterclaims by Dismissed Parties <br />Have All Been Dismissed or Withdrawn <br />24. All answers filed in this 363 Adversary Proceeding, other than that filed by <br />Worldwide, were filed by now subsequently dismissed defendants, who are no longer parties to <br />the Second Amended Complaint. <br />25. On November 17, 2010, the Counterclaim filed by a now subsequently dismissed <br />party was also withdrawn (D.E. 34). <br />The Remainine Defendants to this Adversary <br />26. On October 19, 2010, the Complaint was amended to add (a) Defendant, Paul <br />Garfinkle ("Garfinkle"), a Florida resident who may have asserted a lien, claim, encumbrance, or <br />other interest on the Bueno and Black Rose Mining Properties, and (b) another subsequently <br />dismissed defendant, and Garfinkle agreed to accept service of the same (D.E. 7 & 8). <br />27. On October 5, 2010, summonses were issued against, and requiring an answer be filed <br />on or before November 4, 2010 by, remaining Defendants: <br />(a) Norman R. Frank ("Frank"), an individual who claimed an ownership interest in <br />equipment at the Bueno Mine, but has not provided any evidence of ownership of such <br />equipment. A letter attaching a list of the equipment was attached as Exhibit E to the original <br />complaint (D.E. # 1.6). Frank submitted to the Trustee additional documents that were attached as <br />Composite Exhibit A to the First Amended Complaint (D.E. 8); <br />6 <br />