Intermountain Fair Housing Council, Inc. v. Sagecrest Apartments et al

Filing 45

ORDER granting 44 Stipulation; deeming as moot without prejudice 34 Motion to Strike; deeming as moot without prejudice 38 Motion to Strike; deeming as moot without prejudice 40 Motion to Strike. In the event that a settlement conference is n ot held in this proceeding, the parties to the Stipulation 44 may file Rule 12 motions, including refiling the motions deemed moot above, on 3/1/2013. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

INTERMOUNTAIN FAIR HOUSING
COUNCIL, INC.,
Plaintiff,

Case No. 1:12–cv-00352-BLW
ORDER

v.
SAGECREST APARTMENTS, ARLA
ENTERPRISES LLC, DEBORAH L.
SHOEMAKER, H&H PROPERTIES
L.L.C., SAGECRESTMULTI FAMILY
PROPERTY OWNERS’
ASSOCIATION, INC., CORNELIS
BOR, and MARGOT C. BOR,
Defendants.

The Court has before it the parties’ Stipulation to Stay Deadlines Re: Rule 12
Motions (Dkt. 44). Good cause appearing, the Court will grant the motion. However, the
Court will deem moot, without prejudice, the pending motions to strike. They may be refiled if necessary in accordance with the stipulation as explained below. This will allow
the Court to remove long-standing pending motions from its docket.

ORDER – 1

IT IS ORDERED:
1.

The parties’ Stipulation to Stay Deadlines Re: Rule 12 Motions (Dkt. 44) is
GRANTED.

2.

The following motions shall be DEEMED MOOT WITHOUT
PREJUDICE:
a.

Plaintiff’s Motion to Strike Defenses (Dkt. 34) filed herein on the 8th
day of November, 2012, as that motion pertains to the Defendants
H&H Properties, L.L.C., Cornelis Bor, Margot C. Bor, and Arla
Enterprises LLC;

b.

Plaintiff’s Second Motion to Strike Defenses (Dkt. 38) filed herein
on the 14th day of November, 2012, which pertains to the Defendant
Deborah L. Shoemaker; and

c.

Plaintiff’s Third Motion to Strike Defenses (Dkt. 40) filed on the
28th day of November, 2012, which pertains to the Defendant
Sagecrest Multi Family Property Owners’ Association, Inc.;

3.

In the event that a full resolution of this proceeding is not reached as a
result of the settlement conference, the parties to the Stipulation (Dkt. 44)
may file Rule 12 motions, including re-filing the motions deemed moot
above, on the day after the final day of the settlement conference; and

4.

In the event that a settlement conference is not held in this proceeding, the
parties to the Stipulation (Dkt. 44) may file Rule 12 motions, including re-

ORDER – 2

filing the motions deemed moot above, on March 1, 2013.
DATED: December 5, 2012

B. LYNN WINMILL
Chief U.S. District Court Judge

ORDER – 3