Viola Coppola, et al v. Gregory Smith, et al

Filing 34

ORDER Granting Leave to File Amended Answer (Gregory Smith), signed by Magistrate Judge Barbara A. McAuliffe on 4/16/2012. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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VIOLA COPPOLA, GARY COPPOLA, and
THE TRUST OF ANTHONY M. COPPOLA,

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Case No. 1:11-cv-01257-AWI-BAM
ORDER GRANTING LEAVE TO FILE
AMENDED ANSWER

Plaintiffs,
v.

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GREGORY SMITH, an individual,
RICHARD LASTER, an individual, JANE
NASH AS TRUSTEE OF THE JANE
HIGGINS NASH TRUST, JANE NASH AS
EXECUTOR OF THE ESTATE OF
DECATUR HIGGINS A/K/A THE ESTATE
OF MABEL ELAINE HIGGINS,

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Defendants.
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GREGORY SMITH, individually, and doing
business as PARAGON CLEANERS,
Counter-Complainant
and Cross-Complainant,

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v.
VIOLA COPPOLA, GARY COPPOLA, THE
TRUST OF ANTHONY M. COPPOLA, JANE
HIGGINS NASH, AS TRUSTEE OF THE
TRUST IN THE ESTATE OF MABEL
ELAINE HIGGINS, Deceased, A/K/A THE
TRUST IN THE ESTATE OF MABEL
ELAINE HIGGINS, Deceased
Counter-Defendants
and Cross-Defendants.
THE JANE HIGGINS NASH TRUST,
Cross-Complainant,

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v.
GREGORY SMITH, RICHARD LASTER,
and DOES 1-100, inclusive,
Cross-Defendants.

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

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Based on the Stipulation of the parties (Doc. 32), and good cause shown, the Court orders

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that Defendant Gregory Smith be allowed to file DEFENDANT GREGORY SMITH’S FIRST

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AMENDED (1) ANSWER TO AMENDED COMPLAINT; (2) COUNTERCLAIMS AGAINST

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PLAINTIFFS; (3) CROSS-CLAIMS AGAINST OTHER DEFENDANTS; and, (4) DEMAND

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FOR JURY TRIAL. The Court further orders that (1) the answer of Defendant Jane Higgins

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Nash (“Jane Nash”) as Trustee of the Trust created by the ESTATE OF MABEL ELAINE

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HIGGINS, deceased, commonly known as the Jane Higgins Nash Trust and as EXECUTOR of

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the ESTATE OF DECATUR HIGGINS, DECEASED and the ESTATE OF MABEL ELAINE

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HIGGINS, DECEASED shall be deemed the answer of each of the four newly added cross-

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defendants; (2) that each newly added cross-defendant is deemed to be a counter-claimant to the

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counterclaims raised by Jane Nash as to the other parties; and, (3) that the answer of each such

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counter-defendant shall be deemed the answer to the counter-claims of each new added counter-

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claimant.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

April 16, 2012

DEAC_Signature-END:

10c20kb8554

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GUALCO LAW
400 Capitol Mall
Eleventh Floor
Sacramento, CA 95814

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE

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