Freedom Mortgage Corporation v. Platinum Home Mortgage Corporation et al

Filing 25

ORDER: approving the # 24 Stipulation of the parties, withdrawing defendant's # 17 Motion to Partially Dismiss for Failure to State a Claim, and plaintiff's # 23 Cross Motion for Leave to file and serve an Amended Complaint. The parti es consent to the filing of Plaintiff's proposed Amended Complaint. Counsel for plaintiff shall electronically file that document, and defendants shall answer the Amended Complaint by 3/19/2012. Signed by Judge Glenn T. Suddaby on 2/28/2012. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
FREEDOM MORTGAGE
CORPORATION,
Plaintiff,

Index No. 11 Civ. 1357 (GTS)(DRH)

v.

PLATINUM HOME MORTGAGE
CORPORATION, WILLIAM
GIAMBRONE, LEE GROSS, JANE KING,
MICHAEL YOUNG, KARLA KELLY,
KIMBERLY CURTIN, WENDY
DICKSON, LYNN SPANY, TERESA
SHADICK, and SHARON JONES-OTTO,
Defendants.

STIPULATION AND ORDER OF WITHDRAWAL OF DEFENDANTS* PARTIAL
MOTION TO DISMISS THE COMPLAINT AND PLAINTIFF'S CROSS-MOTION FOR
LEAVE TO FILE AND SERVE AN AMENDED COJ

IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Freedom
Mortgage Corporation ("Plaintiff") and Defendants Platinum Home Mortgage Corporation
("Platinum"), William Giambrone, Lee Gross, Jane King, Michael Young, Karla Kelly, Kimberly
Curtin, Wendy Dickson, Lynn Spany, Teresa Shadick, and Sharon Jones-Otto (collectively referred

to herein as "Defendants"), that:
1. Defendants consent to the filing of Plaintiff s proposed Amended Complaint
(contained in Plaintiffs Cross-Motion for Leave to File and Serve an Amended

Complaint, dated February 13,2012)(the "Amended Complaint"), but reserve all
rights with respect to the claims and relief requested;
2. Defendants shall answer, move or otherwise respond, to Plaintiff s Amended
Complaint by March 19,2012;
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3. Defendants withdraw Defendants' Partial Motion to Dismiss the Complaint, dated
January 13,2012, without prejudice to their right to seek dismissal of the Amended
Complaint; and

4. Plaintiff withdraws its Cross-Motion for Leave to File and Serve an Amended
Complaint, dated February 13,2012.

DATED:

New York, New York

February ££,2012

LITTLER MENDELSON, P.C.

By: *S A.

SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP

By:

Eric A. Savage, Esq.
900 Third Avenue
New York, New York 10022
Telephone: [phone]

Robert S. Friedman (517282)
Jonathan Stoler (517283)
Kevin Puvalowski
Rebecca R. Hirschklau

30 Rockefeller Plaza
New York, New York 10112
Telephone: [phone]
[e-mail]

Attorneysfor Plaintiff

[e-mail]
[e-mail]
[e-mail]
Attorneysfor Defendants

SO ORDERED

Glenn T. Suddaby
UNITED STATES DISTRI CTJUDGI

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