Nittany Nova Aggregates v. WM Capital Partners et al

Filing 55

ORDER (memorandum filed previously as separate docket entry. Plaintiff Nittany Nova Aggregates, LLCs Emergency Motion for Temporary Restraining Order and for Preliminary Injunction 21 is DENIED. The proceeds from the online auction currently being held in the escrow account of defendants counsel may be released to Defendants; Defendants WM Capital Partners, LLC and WM Capital Partners, XXXIX, LLCs Motion for Involuntary Dismissal 24 is DENIED; Plaintiff Nittany Nova Aggregates, LLCs Cross Motion for Leave to Amend Complaint Nunc Pro Tunc 31 is GRANTED. Defendants are therefore directed to file a responsive pleading within twenty-one (21) days of the date of this Order. Signed by Honorable Matthew W. Brann on 2/27/2017. (jn)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NITTANY NOVA AGGREGATES, LLC, : : Plaintiff, : : v. : : WM CAPITAL PARTNERS, LLC and : WM CAPITAL PARTNERS, XXXIX, LLC,: : Defendants. : Case No. 4:16-CV-00120 (Judge Brann) ORDER February 27, 2017 AND NOW, in accordance with the Memorandum of this same date, IT IS HEREBY ORDERED THAT: 1. Plaintiff Nittany Nova Aggregates, LLC’s Emergency Motion for Temporary Restraining Order and for Preliminary Injunction (ECF No. 21) is DENIED. The proceeds from the online auction currently being held in the escrow account of defendant’s counsel may be released to Defendants; 2. Defendants WM Capital Partners, LLC and WM Capital Partners, XXXIX, LLC’s Motion for Involuntary Dismissal (ECF No. 24) is DENIED; 1   3. Plaintiff Nittany Nova Aggregates, LLC’s Cross Motion for Leave to Amend Complaint Nunc Pro Tunc (ECF No. 31) is GRANTED. 4. Defendants are therefore directed to file a responsive pleading within twenty-one (21) days of the date of this Order. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge   2  

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