Ciena Capital Funding LLC v. DJR Properties, Inc., et al.

Filing 54

STIPULATION 53 and ORDER Permitting the United States of America to File Its Amended Answer to Plaintiff's First Amended Complaint and Crossclaims. It is Further Ordered that the U.S.A. is Ordered to file the Amended Answer and Crossclaims within five (5) court days from service of this Order. signed by Judge Sandra M. Snyder on 11/10/2009. (Herman, H)

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BENJAMIN B. WAGNER United States Attorney TODD A. PICKLES Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for the United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

CIENA CAPITAL FUNDING LLC, formerly known as BLX CAPITAL, LCC, a Delaware foreign limited liability company, Plaintiff, v. DJR PROPERTIES, INC. dba SUPER 8 MARIPOSA, a California corporation; U.S. SMALL BUSINESS ADMINISTRATION, a government agency; CIT SMALL BUSINESS LENDING CORP., a Delaware Corporation, SINGH CORPORATION, INC. a dissolved California corporation; NEIL ADVANI, an individual; SURAJ P. PURI, an individual; KAWALJIT SINGH, an individual; HARINDER KAUR, an individual; MARIPOSA PUBLIC UTILITY DISTRICT, a public utility district; TAX COLLECTOR OF MARIPOSA COUNTY, a government entity, and DOES 1 - 100, Inclusive, Defendants.

CASE NO. 1:09-CV-01239-AWI-SMS STIPULATION AND ORDER PERMITTING THE UNITED STATES OF AMERICA TO FILE ITS AMENDED ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND CROSSCLAIMS [Fed.R.Civ.P. 15]

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Stip. & Order Permitting USA to File its Am. Answer to Plaintiff's First Am. Complaint & Crossclaims

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Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, Plaintiff Ciena Capital Funding, LLC, formerly known as BLX Capital, LLC ("Ciena"), and Defendants the United States of America, on behalf of the Small Business Administration ("SBA"), DJR Properties, Inc. dba Super 8Mariposa ("DJR"), CIT Small Business Lending Corp., and the Mariposa Public Utility District, hereby enter into the following stipulation. RECITALS 1. Ciena has filed a First Amended Complaint for Judicial Foreclosure of Real Property;

Judicial Foreclosure of Security Interest; Declaratory Relief; Appointment of Receiver; and Injunction in Aid of Receiver ("Complaint") against the Defendants relating to DJR's purchase of real estate and fixtures located at 5059 Highway 140, Mariposa, California. 2. Complaint. 3. The United States intends to file an amended answer under Rule 15(a)(2) of the Federal On July 30, 2009, the United States of America, on behalf of the SBA, answered the

Rules of Civil Procedure in order to assert crossclaims against DJR and other cross-defendants under Rule 13(g)-(h) and Rules 18 through 20 of the Federal Rules of Civil Procedure in order to protect the SBA's interests in the real property that is subject to Ciena's Complaint and to assert derivative contract claims relating the real property. 4. It is in the interests of judicial economy to permit the United States leave of Court to file

an amended answer and crossclaims. STIPULATION Based on the foregoing recitals, the parties hereby stipulate that: 1. The United States of America, on behalf of the SBA, shall file its Amended Answer and

Crossclaims, a true and correct copy of which is attached hereto as Exhibit A. 2. Any party or cross-defendant has the right to file a pleading or properly noticed motion

under the Federal Rules of Civil Procedure in response to the Amended Answer and Crossclaims.

Stip. & Order Permitting USA to File its Am. Answer to Plaintiff's First Am. Complaint & Crossclaims

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IT IS SO STIPULATED. BENJAMIN B. WAGNER United States Attorney Dated: November 3, 2009 /s/ Todd A. Pickles By: TODD A. PICKLES Assistant United States Attorney Attorneys for the United States of America

Dated: November 9, 2009

SNELL & WILMER L.L.P. By: /s/ Eric S. Pezold ERIC S. PEZOLD JASMIN YANG Attorneys for Plaintiff Ciena Capital Funding, LLC, formerly known as BLX Capital, LLC

Dated: November 5, 2009 14 15 16 17 18 19 20 Dated: November 9, 2009

GUTTENBERG, RAPSON & COLVIN LLP By: /s/ David J. Rapson DAVID J. RAPSON Attorneys for CIT Small Business Lending Corp.

JOHN N. KITTA & ASSOCIATES By: /s/ John N. Kitta JOHN N. KITTA Attorneys for DJR Properties, Inc.

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Stip. & Order Permitting USA to File its Am. Answer to Plaintiff's First Am. Complaint & Crossclaims

COSTANZO & ASSOCIATES By: /s/ Neal Constanzo NEAL COSTANZO Attorneys for Mariposa Public Utility District

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: IT IS SO ORDERED. November 10, 2009

ORDER This matter came before the Court on the parties' Stipulation Permitting the United States of America to File is Amended Answer and Crossclaims. For the reasons stated in the Stipulation, and for good cause showing, the Court adopts the Stipulation. Accordingly, IT IS HEREBY ORDERED THAT, the United States of America is granted leave to file its Amended Answer and Crossclaims pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED THAT the United States of America is Ordered to file the Amended Answer and Crossclaims within five (5) court days from service of this Order.

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

Stip. & Order Permitting USA to File its Am. Answer to Plaintiff's First Am. Complaint & Crossclaims

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CERTIFICATE OF SERVICE The undersigned hereby certifies that she is an employee in the office of the United States Attorney for the Eastern District of California, and is of such age and discretion to be competent to serve papers. That on November 9, 2009, she served a copy of:

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Stip. & Order Permitting USA to File its Am. Answer to Plaintiff's First Am. Complaint & Crossclaims

STIPULATION AND [PROPOSED] ORDER PERMITTING THE UNITED STATES OF AMERICA TO FILE ITS AMENDED ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND CROSSCLAIMS by placing said copy in postpaid envelopes addressed to the persons at the place and addresses shown below, which are the last known addressees, and deposited said envelopes and in the United States mail in Sacramento, California.

Attorney for Defendant DJR Properties: John Kitta, Esq. 39560 Stevenson Place, Suite 217 Fremont, CA 94539 CIT Small Business Lending Group C/O CT Corporation System 818 West Seventh St. Los Angeles, CA 90017 Attorney for Defendant Singh Corporation Inc.: Rajan Kumar, Esq. 560 South Winchester Blvd. Fifth Floor San Jose, CA 95128 Neil Advani 1772 Los Arboles #J119 Thousand Oaks, CA 91362 Suraj P. Puri 43734 Cameron Hills Drive Fremont, CA 94539 Kawaljit Singh 1021 Montclair Court Livermore, CA 94550

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Harinder Kaur 1021 Montclair Court Livermore, CA 94550 Mariposa Public Utility Dist. Attn: Gayle Parker 4992 Seventh St. Mariposa, CA 95338 Tax Collector of Mariposa county Keith M. Williams, Treasurer 4982 Tenth St. Mariposa, CA 95338 /s/ Karen James KAREN JAMES Legal Assistant United States Attorney's Office

Stip. & Order Permitting USA to File its Am. Answer to Plaintiff's First Am. Complaint & Crossclaims

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