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

Filing 228

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/6/2017 ORDERING that the 226 summons directing defendants to answer the Second Amended Complaint is VACATED. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TIMOTHY DEMARTINI, et al.,

12

Plaintiffs,

13
14

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

v.

ORDER

MICHAEL J. DEMARTINI, et al.,

15

Defendants.

16
On June 1, 2017, the district judge in this action granted plaintiffs’ motion to amend the

17
18

complaint, such that this action now proceeds on plaintiffs’ Second Amended Complaint

19

(“SAC”), filed at ECF No. 225. The district judge also severed and remanded plaintiffs’ third

20

cause action, for dissolution of partnership, to state court. (ECF No. 224.) On the same day, a

21

summons issued directing defendants to answer the SAC. (ECF No. 226.)

22

However, but for the remanded claim, the SAC is the same as the First Amended

23

Complaint, filed October 15, 2015. (ECF No. 75; see ECF No. 195.) Thus, defendants’ Second

24

Amended Answer and Counterclaims (ECF No. 104) is still applicable, and no further briefing on

25

the SAC is warranted in this federal action.

26

////

27

////

28

////
1

1

Accordingly, IT IS HEREBY ORDERED THAT the June 1, 2017 summons directing

2

defendants to answer the Second Amended Complaint (ECF No. 226) is hereby VACATED.

3

Dated: June 6, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9

2 demartini2722.sac

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