KFD Enterprises Inc v. City of Eureka

Filing 339

ORDER STRIKING CITY OF EUREKA'S FOURTH AMENDED COUNTER-CLAIM AND CROSS-CLAIM FILED OCTOBER 15, 2010; STRIKING ANSWERS THERETO; DENYING MOTION TO DISMISS AS MOOT. The City's Fourth Amended Counter-Claim and Cross-Claim is stricken without prejudice to the City's filing a Fourth Amended Counter-Claim and Cross-Claim in accordance with the Court's orders of November 12, 2010. Signed by Judge Maxine M. Chesney on 11/17/2010. (mmclc2, COURT STAFF) (Filed on 11/17/2010)

KFD Enterprises Inc v. City of Eureka

Doc. 339

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 United States District Court KFD ENTERPRISES, INC., a California Corporation dba Norman's Dry Cleaners, Plaintiff, v. CITY OF EUREKA, Defendant / No. C-08-4571 MMC ORDER STRIKING CITY OF EUREKA'S FOURTH AMENDED COUNTER-CLAIM AND CROSS-CLAIM FILED OCTOBER 15, 2010; STRIKING ANSWERS THERETO; DENYING MOTION TO DISMISS AS MOOT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Before the Court is the City of Eureka's ("the City") Fourth Amended Counter-Claim and Cross-Claim ("4ACC"), filed October 15, 2010. As the City had not moved for leave to file the 4ACC, the Court ordered the City to show cause why such filing should not be stricken, and afforded the other parties the opportunity to respond to the City's showing. On November 5, 2010, the City responded, explaining that as a result of information the City had obtained, it seeks to add two entities as third-party defendants and to add new facts to support its allegations against third-party defendant Kenneth Daer; additionally, the City seeks to amend its allegations in general to clarify that it is not seeking affirmative relief in the form of damages. On November 11, 2010, Multimatic LLC and the Kirrberg Corporation responded, requesting only that they be afforded additional time to respond to the 4ACC should the Court decide not to strike said pleading. On November 12, 2010, Firbimatic SpA and RR Street & Co. Inc. responded, noting the Court's orders filed that

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same date had granted in part, and with leave to amend, two motions to dismiss Eureka's Third Amended Counter-Claim and Cross-Claim, and requesting that "the City's pending pleading . . . be bypassed in favor of the amended pleading that the City has been authorized to file on or before December 10, 2010." (See Doc. No. 338 at 2:10-12.) The Court agrees with Firbimatic and RR Street that "judicial economy would be served" (see id.) by the City's filing a single amended pleading in accordance with the Court's recent orders. Accordingly, the 4ACC filed October 15, 2010 is hereby STRICKEN, without prejudice to the City's filing a Fourth Amended Counter-Claim and Cross-Claim in accordance with the Court's orders of November 12, 2010. Additionally, if the City elects to file a renewed Fourth Amended Counter-Claim and Cross-Claim, the City may allege therein claims against the new parties identified in the stricken 4ACC, specifically, MBL, Inc. and Hoyt Corporation, and may allege new facts to support its allegations against thirdparty defendant Kenneth Daer as well as clarify its pleadings as to the form of relief it seeks. In light of the above, all answers to the 4ACC are hereby STRICKEN, and third-party defendant Kenneth Daer's motion, filed November 1, 2010, to dismiss the fourth through eighth claims for relief from the City of Eureka's 4ACC is hereby DENIED as moot. IT IS SO ORDERED.

Dated: November 17, 2010

MAXINE M. CHESNEY United States District Judge

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