Beane v. Beane

Filing 59

ORDER granting 58 Motion for Leave to File Alan Beane's Third Amended Answer, Affirmative Defenses, Restated Counterclaim to Amended Complaint and Reservation of Rights. Within 48 hours counsel shall electronically refil e the pleading attached to the Motion for Leave to File using the appropriate event in CMECF; denying without prejudice 17 Motion for Summary Judgment on Counts I and II of Amended Complaint; denying without prejudice 35 Motion for Summary Judgme nt, Partial, on Count I of the Amended Complaint; denying without prejudice 42 Motion to Substitute Party and Dismiss with Prejudice. This matter is STAYED pending this court's receipt of a copy of the Grafton County Superior Court's decision in the Beane vs. Mii Technologies case. So Ordered by Judge Joseph N. Laplante. (jb)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Glenn L. Beane v. Alan F. Beane ORDER Defendant's motion for leave to file third amended answer, affirmative defenses, restated counterclaim to amended complaint and reservation of rights (doc. no. 58) is GRANTED. Although Civil No. 08-cv-0236-JL

some of the claims in the amended complaint appear to be legally improper or baseless, Glenn Beane has not bothered to object. Further, the plaintiff's motion for summary judgment on counts 1 and 2 (doc. no. 17) and motion to substitute and dismiss (doc. no. 42), and the defendant's motion for partial summary judgment on count 1 (doc. no. 35) are all DENIED WITHOUT PREJUDICE and this matter is ordered STAYED pending this court's receipt of a copy of the Grafton County Superior Court's decision in the Beane vs. Mii Technologies case.

SO ORDERED.

Joseph N. Laplante United States District Judge Dated: cc: August 3, 2009

W.E. Whittington, Esq. William S. Gannon, Esq.

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