Farm Credit West v. Lanting
Filing
33
ORDER WITHDRAWING 26 Plaintiff's Motion to Dismiss signed by District Judge Anthony W. Ishii on 9/13/2013. The Defendants shall file a Second Amended Answer and Counterclaim no later than September 30, 2013. (Jessen, A)
1
2
3
4
5
René Lastreto II, #100993
rl2@lrplaw.net
Scott J. Ivy, #197681
sji@lrplaw.net
Michael J. Gomez, #251571
mjg@lrplaw.net
Lang, Richert & Patch
Post Office Box 40012
Fresno, California 93755-0012
(559) 228-6700 Phone / (559) 228-6727 Fax
6
K:\AWI\To_Be_Signed\13CV712.o. stip and order.wpd:cam
7
Attorneys for Plaintiff, FARM CREDIT WEST, PCA
8
9
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION
11
FARM CREDIT WEST, PCA,
Case No. 1:13-cv-00712-AWI-SMS
12
Plaintiff,
ORDER ON STIPULATION
RESOLVING PLAINTIFF’S MOTION
TO DISMISS DEFENDANTS CASE AND
JANE LANTING’S COUNTERCLAIM
AND FRAUD DEFENSES, OR, IN THE
ALTERNATIVE, MOTION FOR A
MORE DEFINITE STATEMENT AS TO
THE FRAUD DEFENSES
13
v.
14
15
CASE LANTING, an individual; and, JANE
LANTING, an individual
16
Defendants.
17
Date: September 23, 2013
Time: 1:30 p.m.
Place: Courtroom 2
2500 Tulare Street, Eighth Floor
Fresno, CA 93721
18
19
20
21
22
23
24
25
26
27
28
Order on Stipulation Resolving Plaintiff’s Motion to
Dismiss or For a More Definite Statement
-1-
1
The Court having read and considered the “Stipulation Resolving Plaintiff’s Motion to
2
Dismiss Defendants Case and Jane Lanting’s Counterclaim and Fraud Defenses, or, in the
3
Alternative, Motion For a More Definite Statement as to the Fraud Defenses” between Plaintiff
4
Farm Credit West, PCA (“Plaintiff”), on the one hand, and Defendants Case Lanting and Jane
5
Lanting (the “Defendants”), on the other hand (the “Stipulation”), hereby
6
ORDERS, ADJUDGES, AND DECREES:
7
1.
The Stipulation is approved.
8
2.
Plaintiff’s “Motion to Dismiss Defendants Case and Jane Lanting’s Counterclaim
9
and Fraud Defenses, or, in the Alternative, Motion For a More Definite Statement as to the Fraud
10
Defenses” (the “Motion”) set for a hearing on September 23, 2013, is hereby deemed withdrawn
11
without prejudice if Plaintiff has not previously filed a notice of withdrawal of the Motion.
12
13
14
15
16
3.
The Defendants shall file a Second Amended Answer and Counterclaim by no later
than September 30, 2013.
3.
Plaintiff will have thirty (30) days to file a response to the Second Amended Answer
and Counterclaim from the date of its filing.
4.
The deadline to exchange the Initial Disclosures required by Rule 26(a)(1) of the
17
Federal Rules of Civil Procedure shall be forty-five (45) days either (i) from the filing of Plaintiff’s
18
Answer to the Second Amended Answer and Counterclaim, or (ii) from the entry of an order of the
19
Court ruling on Plaintiff’s motion challenging the sufficiency of the Second Amended Answer and
20
Counterclaim.
21
5.
Plaintiff may seek fees and costs for the Defendants’ failure to timely file their
22
Second Amended Answer and Counterclaim by September 30, 2013, pursuant to 28 U.S.C. § 1927
23
for, inter alia, preparing a motion for default judgment.
24
IT IS SO ORDERED.
25
26
Dated:
0m8i78
September 13, 2013
SENIOR DISTRICT JUDGE
27
28
Order on Stipulation Resolving Plaintiff’s Motion to
Dismiss or For a More Definite Statement
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?