Patch et al v. Platte Valley Bank et al

Filing 46

ORDER - The Court's memorandum and order dated November 2, 2010, is hereby set aside. Platte Valley Bank is reinstated as a defendant in this action. Plaintiffs' motion to amend complaint 40 granted. Plaintiffs shall file their amended c omplaint on or before November 12, 2010. Defendants shall have until December 10, 2010, to answer or respond to said amended complaint. Defendant Toyota Motor Credit Corporation and Toyota Financial Services' motion to dismiss with prejudice (Filing No. 31 ) is denied as moot. Ordered by Senior Judge Lyle E. Strom. (TCL )

-TDT Patch et al v. Platte Valley Bank et al

Doc. 46

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ALLEN PATCH, RACHEL FAIT and RICK CAVELLO, ) ) ) Plaintiffs, ) ) v. ) ) PLATTE VALLEY BANK, TOYOTA ) MOTOR CREDIT CORPORATION, a ) California corporation, ) TOYOTA FINANCIAL SERVICES, ) and JOHN DOES 1-10, ) ) Defendants. ) ______________________________)

8:10CV289

ORDER

This matter is before the Court upon its own motion. On November 2, 2010, the Court filed a memorandum and order granting defendant Platte Valley Bank's motion to dismiss (Filing No. 42). As a motion to amend complaint has been filed by

plaintiffs (Filing No. 40), the Court believes it should be ruled upon and that the Court's previous memorandum and order dated November 2, 2010, is premature. IT IS ORDERED: 1) The Court's memorandum and order dated November 2, Platte Valley Bank is reinstated as a Accordingly,

2010, is hereby set aside. defendant in this action. 2)

Plaintiffs' motion to amend complaint granted.

Plaintiffs shall file their amended complaint on or before November 12, 2010.

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3) Defendants shall have until December 10, 2010, to answer or respond to said amended complaint. 4) Defendant Toyota Motor Credit Corporation and Toyota Financial Services' motion to dismiss with prejudice (Filing No. 31) is denied as moot. DATED this 5th day of November, 2010. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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