DeMartini, et al. v. DeMartini, et al.

Filing 224

ORDER signed by District Judge John A. Mendez on 5/31/2017 ADOPTING IN FULL 214 Findings and Recommendations; GRANTING 195 Motion to Amend the Complaint; DIRECTING the Clerk of Court to separately file and docket the Proposed Second Amended Compl aint (at ECF 195 ); SEVERING the third cause of action for dissolution of partnership in the 225 Second Amended Complaint from the remaining claims; REMANDING the severed claim to the Superior Court for the State of California, County of Nevada, case no. 80744. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY DEMARTINI, et al.,

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No. 2:14-cv-2722 JAM CKD PS

Plaintiff,
v.

ORDER

MICHAEL J. DEMARTINI, et al.,

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Defendant.

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Plaintiff filed the above-entitled action. The matter was referred to a United States
Magistrate Judge pursuant to Local Rule 302(c).
On May 1, 2017, the magistrate judge filed findings and recommendations herein which

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were served on the parties and which contained notice to the parties that any objections to the

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findings and recommendations were to be filed within fourteen days. None of the parties have

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filed objections to the findings and recommendations; however, defendants have filed a response.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed May 1, 2017, are adopted in full;

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2. The motion to amend the complaint (ECF No. 195) is granted;

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3. The Clerk of Court is directed to separately file and docket the proposed second
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amended complaint (ECF No. 195-1 at pp. 8-16, Declaration of Peter Kleinbrodt, Exh. B);
4. The third cause of action for dissolution of partnership in the second amended
complaint is severed from the remaining claims; and
5. The severed claim for dissolution of partnership is remanded to the Superior Court of
the State of California, in and for the County of Nevada (case no. 80744).

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DATED: May 31, 2017

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/s/ John A. Mendez

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HON. JOHN A. MENDEZ

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United States District Judge

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