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

Filing 401

ORDER signed by District Judge John A. Mendez on 11/27/2018 GRANTING plaintiffs' request to withdraw 392 motion for certification of the partial judgment. Defendants' request for a stay of the present case is DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY P. DEMARTINI and MARGIE
DEMARTINI,
Plaintiffs,

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v.
MICHAEL J. DEMARTINI, RENATE
DEMARTINI aka RENATE B.
DEMARTINI, and Does 1 through
15, inclusive,
Defendants.
MICHAEL J. DEMARTINI, RENATE
DEMARTINI,

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Counterclaimants,
v.
TIMOTHY P. DEMARTINI and MARGIE
DEMARTINI,
Counterdefendants.

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Case No. 2:14-CV-02722 JAM-CKD

ORDER WITHDRAWING MOTION TO
CERTIFY PARTIAL JUDGMENT,
AMENDED JUDGMENT, AND ORDER ON
COSTS

Plaintiffs and Counterdefendants Timothy DeMartini and Margie

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DeMartini (“Plaintiffs”) brought a Motion per FRCP 54(b) for

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certification of the Partial Judgment entered on April 30, 2018,

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Amended Judgment entered on May 4, 2018, and Order on Costs entered

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September 18, 2018 on Plaintiffs’ cause of action for breach of
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contract and to Defendants’ Counterclaims in whole (ECF No. 392).

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Defendants’ Michael J. DeMartini and Renate B. DeMartini

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(“Defendants”) opposed this Motion (ECF No. 395) and pointed out in

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the opposition that the Motion was unnecessary given the Court’s

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Amended Partial Judgment (ECF No. 347) filed on May 4, 2018.

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Plaintiffs conceded that this Motion is unnecessary in their

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reply (ECF No. 396).

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this Motion is GRANTED.

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present case is DENIED.

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Accordingly, Plaintiffs’ request to withdraw
Defendants’ request for a stay of the

IT IS SO ORDERED.
Dated: November 27, 2018

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