Arroyo Pecans Partners, LLC et al v. Federal Deposit Insurance Corporation

Filing 36

ORDER Granting 34 Motion to Amend Complaint Subsequent to Intervention. ( Amended Complaint deadline: 9/24/2010.) IT IS FURTHER ORDERED that Granting 28 Motion for Judgment on the Pleadings, and that Plaintiffs claims for reformation and rescission (First Claim for Relief and Second Claim for Relief)are hereby DISMISSED as to Defendant Federal Deposit Insurance Corporation. Signed by Judge Philip M. Pro on 8/31/2010. (Copies have been distributed pursuant to the NEF - SD)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ARROYO PECANS PARTNERS, LLC, et ) al., ) ) ) Plaintiffs, ) ) vs. ) ) FEDERAL DEPOSIT INSURANCE ) CORPORATION, as Receiver for Silver ) State Bank, et al., ) ) ) ) Defendants. ) 2:09-cv-01217-PMP-GWF ORDER

Before the Court for consideration are Defendant FDIC's fully briefed Motion for Judgment on the Pleadings (Doc. #28), filed on July 20, 1010 and Plaintiffs' Counter Motion to Amend Complaint Subsequent to Intervention (Doc. #34) filed August 16, 2010. Having read and considered the foregoing and good cause appearing, IT IS ORDERED that Plaintiffs' Counter Motion to Amend Complaint Subsequent to Intervention (Doc. #34) is GRANTED and Plaintiffs shall have to and including September 24, 2010, within which to file an Amended Complaint. /// /// ///

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IT IS FURTHER ORDERED that Defendant FDIC's Motion for Judgment on the Pleadings (Doc. #28) is GRANTED and that Plaintiffs' claims for reformation and rescission (First Claim for Relief and Second Claim for Relief) are hereby DISMISSED as to Defendant Federal Deposit Insurance Corporation. DATED: August 31, 2010.

PHILIP M. PRO United States District Judge

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