KFD Enterprises Inc v. City of Eureka

Filing 114

ORDER VACATING OCTOBER 2, 2009 HEARING ON MOTION TO DISMISS PORTIONS OF FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT OF CITY OF EUREKA AND MOTION TO STRIKE PORTIONS OF FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT OF CITY OF EUREKA. Signed by Judge Maxine M. Chesney on September 30, 2009. (mmclc1, COURT STAFF) (Filed on 9/30/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 30, 2009 MAXINE M. CHESNEY United States District Judge Before the Court are two motions: (1) counterclaimant KFP Enterprises, Inc. ("KFP") and third-party defendant Kenneth Daer's ("Daer") Motion to Dismiss Portions of the First Amended Counterclaim and Third-Party Complaint of City of Eureka, filed August 10, 2009; and (2) KFP and Daer's Motion to Strike Portions of the First Amended Counterclaim and Third-Party Complaint of City of Eureka, filed August 10, 2009. The motions have been fully briefed. Having read and considered the papers filed in support of and in opposition to the motions, the Court deems the matters suitable for decision on the parties' respective submissions, and VACATES the hearing scheduled for October 2, 2009. IT IS SO ORDERED. AND RELATED COUNTERCLAIMS AND THIRD PARTY CLAIMS / v. CITY OF EUREKA, et al., Defendants ___________________________________ United States District Court KFD ENTERPRISES, INC., Plaintiff, No. C-08-4571 MMC ORDER VACATING OCTOBER 2, 2009 HEARING ON MOTION TO DISMISS PORTIONS OF FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT OF CITY OF EUREKA AND MOTION TO STRIKE PORTIONS OF FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT OF CITY OF EUREKA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA