McNally et al v. Eye Dog Foundation for the Blind, Inc. et al

Filing 82

ORDER on Defendants' "First Amended Scheduling Report" "Crossclaim" and "First Amended Crossclaim";ORDERED to STRIKE documents 79 and 80 entitled "Crossclaim" and "First Amended Crossclaim";O RDERED to terminate all references to "Cross Defendant" and "Cross Claimant"; Cross Defendants and Cross Claimants termed: Ruby Bell, Gwen Brown, Eye Dog Foundation Profit Sharing Plan, Eye Dog Foundation for the Blind, Inc., Montry McNally, Morgan Stanley, David Young, and Kenneth Bales, signed by Magistrate Judge Sheila K. Oberto on 10/19/2010. (Martin, S)

McNally et al v. Eye Dog Foundation for the Blind, Inc. et al

Doc. 82

1 2 3 4 5 6 7 8 9 EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION 10 11 12 13 14 15 Defendants. 16 / 17 18 19 20 21 22 23 24 25 26 27 28
As Plaintiffs have stipulated to setting-aside the Clerk's Entry of Default against Eye Dog Foundation for th e Blind, Inc. (Doc. 81), this defendant may participate in filing the instant motion.
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UNITED STATES DISTRICT COURT

McNally et. al., Plaintiffs, v. Eye Dog Foundation for the Blind, Inc., et. al.,

CASE NO. 1:09-cv-01184-AWI-SKO ORDER ON DEFENDANTS' "FIRST AMENDED SCHEDULING REPORT," "CROSSCLAIM," AND "FIRST AMENDED CROSSCLAIM"

(Docket Nos. 78, 79, 80)

On October 13, 2010, the Court granted the request of Defendants Eye Dog Foundation for the Blind, Inc.,1 Gwen Brown, and Eye Dog Foundation Profit Sharing Plan ("Defendants") to file a motion seeking leave of the Court to file an amended answer or a counterclaim by no later than October 18, 2010. (Doc. 76.) On October 18, 2010, Defendants filed a document entitled "First Amended Scheduling Report." (Doc. 78.) This document, however, bears the caption "Defendants' Notice of Motion and Motion to Amend Scheduling Order to Allow the Filing of a Cross-Complaint; Supporting Memorandum of Points and Authorities." Defendants also filed a "CrossClaim" and a "First Amended CrossClaim" on that same day. (Docs. 79, 80.) Defendants have not received leave of

Dockets.Justia.com

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Court to file an amended pleading; they have only received permission to present a motion to the Court seeking to file an amended pleading. Accordingly, IT IS HEREBY ORDERED THAT: 1. The Clerk of the Court shall: (a) STRIKE the documents filed at Docket Nos. 79 and 80 entitled "CROSSCLAIM" and "FIRST AMENDED CROSSCLAIM," respectively; and (b) TERMINATE all CM/ECF references to a "Cross Defendant" or a "Cross Claimant" that has been added to the docket report as a result of Defendants' premature filing of Docket Nos. 79 and 80. 2. On or before October 20, 2010, Defendants shall: (a) (b) WITHDRAW their "First Amended Scheduling Report" at Docket No. 78; REFILE the document currently located at Docket No. 78 as a "MOTION" bearing a title that correlates to the caption on the document; and (c) ATTACH the proposed "CROSSCLAIM" as an EXHIBIT to the refiled MOTION. Unless and until the Court grants Defendants permission to file the CROSSCLAIM, that document may not be filed as a separate pleading. 3. As set forth in the Court's Order of October 18, 2010, Plaintiffs shall file any opposition to Defendants' "Motion to Amend Scheduling Order to Allow the Filing of a Cross-Complaint" on or before October 28, 2010. 4. Defendants may file an optional reply to Plaintiffs' opposition on or before November 2, 2010.

IT IS SO ORDERED. Dated: ie14hj October 19, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE

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