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)

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René Lastreto II, #100993
[e-mail]
Scott J. Ivy, #197681
[e-mail]
Michael J. Gomez, #251571
[e-mail]
Lang, Richert & Patch
Post Office Box 40012
Fresno, California 93755-0012
[phone] Phone / [phone] Fax

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K:\AWI\To_Be_Signed\13CV712.o. stip and order.wpd:cam

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Attorneys for Plaintiff, FARM CREDIT WEST, PCA

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION
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FARM CREDIT WEST, PCA,

Case No. 1:13-cv-00712-AWI-SMS

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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

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v.
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CASE LANTING, an individual; and, JANE
LANTING, an individual

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Defendants.
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Date: September 23, 2013
Time: 1:30 p.m.
Place: Courtroom 2
2500 Tulare Street, Eighth Floor
Fresno, CA 93721

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Order on Stipulation Resolving Plaintiff’s Motion to
Dismiss or For a More Definite Statement

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The Court having read and considered the “Stipulation Resolving Plaintiff’s Motion to

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Dismiss Defendants Case and Jane Lanting’s Counterclaim and Fraud Defenses, or, in the

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Alternative, Motion For a More Definite Statement as to the Fraud Defenses” between Plaintiff

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Farm Credit West, PCA (“Plaintiff”), on the one hand, and Defendants Case Lanting and Jane

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Lanting (the “Defendants”), on the other hand (the “Stipulation”), hereby

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ORDERS, ADJUDGES, AND DECREES:

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1.

The Stipulation is approved.

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2.

Plaintiff’s “Motion to Dismiss Defendants Case and Jane Lanting’s Counterclaim

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and Fraud Defenses, or, in the Alternative, Motion For a More Definite Statement as to the Fraud

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Defenses” (the “Motion”) set for a hearing on September 23, 2013, is hereby deemed withdrawn

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without prejudice if Plaintiff has not previously filed a notice of withdrawal of the Motion.

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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

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Federal Rules of Civil Procedure shall be forty-five (45) days either (i) from the filing of Plaintiff’s

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Answer to the Second Amended Answer and Counterclaim, or (ii) from the entry of an order of the

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Court ruling on Plaintiff’s motion challenging the sufficiency of the Second Amended Answer and

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Counterclaim.

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5.

Plaintiff may seek fees and costs for the Defendants’ failure to timely file their

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Second Amended Answer and Counterclaim by September 30, 2013, pursuant to 28 U.S.C. § 1927

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for, inter alia, preparing a motion for default judgment.

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IT IS SO ORDERED.

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Dated:
0m8i78

September 13, 2013
SENIOR DISTRICT JUDGE

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Order on Stipulation Resolving Plaintiff’s Motion to
Dismiss or For a More Definite Statement

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