Nationwide Agribusiness Insurance Company v. Garay et al

Filing 61

ORDER VACATING the Hearing Date of September 14, 2015; ORDER GRANTING 57 Motion to File a Third Amended Counter-Claim, signed by Magistrate Judge Jennifer L. Thurston on 9/9/2015. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY,

)
)
)
Plaintiff,
)
)
v.
)
GERARDO ALANN FELIX GARAY, et al., )
)
)
Defendants.
)
)
AND RELATED CROSS-CLAIMS
)

Case No.: 1:14-cv-00138 - AWI - JLT
ORDER VACATING THE HEARING DATE OF
SEPTEMBER 14, 2015
ORDER GRANTING MOTION TO FILE A THIRD
AMENDED COUNTER-CLAIM
(Doc. 57)

18
19

On August 13, 2015, Defendants and counterclaimants Mary Garcia Rojas, Cynthia Ann Rojas,

20

Christina Montecino, Gabriel Rojas, and Anita Rojas filed a motion, seeking leave to file a Third

21

Amended Counterclaim to add “a necessary counterdefendant Golden Eagle Insurance Corporation

22

pursuant to FRCP 15(a)(2).” (Doc. 57 at 3) Simultaneously, the Rojas parties filed a stipulation

23

signed by the representatives of Plaintiff Nationwide Agribusiness Insurance Company and counter-

24

defendant Peerless Insurance Company, agreeing to the filing of the proposed Third Amended

25

Complaint. (Doc. 57-1 at 63) Accordingly, the Court finds the matter suitable for decision without

26

oral arguments pursuant to Local Rule 230(g).

27

Based upon the stipulation of the parties, IT IS HEREBY ORDERED:

28

1.

The hearing date of September 14, 2015 is VACATED;
1

1

2.

The motion for leave to file a Third Amended Counterclaim (Doc. 57) is GRANTED;

2

3.

The Rojas parties SHALL file the Third Amended Complaint within seven days of the
date of service of this Order; and

3
4

4.

The parties are advised that no further amendments will be permitted without a
showing of exceptional good cause.

5
6
7
8
9

IT IS SO ORDERED.
Dated:

September 9, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2