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)
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;
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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
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