Lehman Brothers Holdings, Inc. v. First Financial Lender

Filing 14

ORDER to Defendant re 12 to 1) File a Second Amended Answer That Complies with Federal Rules of Civil Procedure 8(b)(2)(B); and Appear Only Through Counsel. Signed by Judge Patricia V. Trumbull on 5/1/09. (pvtlc1) (Filed on 5/4/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IT IS HEREBY ORDERED that, no later than May 22, 2009, Defendant First Financial 20 Lender ("Defendant") shall file a Second Amended Answer that specifically admits or denies the 21 allegations of Plaintiff's complaint with regard to itself. See FED.R.CIV.PRO. 8(b)(1)(B). To the 22 extent Defendant believes it is not "aka First Financial Capital," it shall so state in response to the 23 introductory paragraph of the complaint. 24 IT IS FURTHER ORDERED that, absent further order of this court, Defendant may appear 25 only through counsel, and not in pro per. See Civil L.R. 3-9(b) ("A corporation, unincorporated 26 27 28 Defendant's original answer was in the form of a general denial, which is not a permissible form of answer in federal court. Defendant filed its Amended Answer pursuant to a stipulation of the parties allowing the amendment. OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

LEHMAN BROTHERS HOLDINGS, INC., ) ) Plaintiff, ) ) v. ) ) FIRST FINANCIAL LENDER aka FIRST ) FINANCIAL CAPITAL, ) ) Defendant. ) ___________________________________

Case No.: C 09-0545 PVT ORDER TO DEFENDANT TO 1) FILE A SEC O N D AMENDED ANSWER THAT CO M PLIES WITH FEDERAL RULES OF CIV IL PROCEDURE 8(b)(2)(B); AND 2) APPEAR ONLY THROUGH COUNSEL

On April 27, 2009, Defendant filed an Amended Answer.1 Based on the file herein,

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association, partnership or other such entity may appear only through a member of the bar of this Court.") The court hereby notifies Defendant that the court intends to take judicial notice of the fact that Defendant is a corporation, as disclosed via a search of the California Secretary of State's website. See http://kepler.sos.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C1896365. If Defendant objects to the court taking such judicial notice it shall file an objection no later than May 14, 2009. Any such objection must include a showing that Defendant is not a corporation. IT IS FURTHER ORDERED that, no later than May 22, 2009, Defendant's counsel shall sign up for electronic filing in this case. Dated: 5/1/09

PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 3 /s/ Donna Kirchner CORINNE LEW Courtroom Deputy for copies mailed on 5/4/09 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

Vince D. Nguyen, Esq. First Financial Lender 743 South Winchester Blvd., Ste. 210 San Jose, CA 95128