United States of America v. Hoyte et al

Filing 54

ORDER by Judge Benjamin H Settle denying 41 Motion to Dismiss; granting 49 Motion to Amend. Counsel is directed to e-file their Amended Complaint by 9/21/2011; granting 44 Motion to Amend answer by 10/5/2011. (TG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 UNITED STATES OF AMERICA, 9 Plaintiff, 10 11 12 v. DEREK HOYTE and COLUMBIA CREST PARTNERS, LLC, Defendants. 13 CASE NO. C10-2044BHS ORDER GRANTING PARTIES’ MOTIONS TO AMEND AND DENYING AS MOOT PLAINTIFF’S MOTION TO DISMISS DEFENDANTS’ COUNTERCLAIM 14 This matter comes before the Court on Plaintiff’s (the “United States”) motion to 15 dismiss amended counter claim (Dkt. 41) and its unopposed motion to amend its 16 complaint (Dkt. 49). Also before the Court is Defendants’ unopposed motion to amend 17 their answer, affirmative defenses, and counterclaims. Dkt. 44. The Court has considered 18 the pleadings filed in support of and in opposition to the motion and the remainder of the 19 file and hereby grants the parties’ unopposed motions to amend and denies as moot the 20 United States’ motion to dismiss counter claims for the reasons stated herein. 21 22 ORDER - 1 1 2 I. DISCUSSION On July 28, 2011, the United States moved to dismiss Defendants’ counterclaim 3 for lack of subject matter jurisdiction. Dkt. 41. On August 15, 2011, Defendants opposed 4 the motion to dismiss. Dkt. 42. On August 18, 2011, the United States replied. 5 On August 15, Defendants moved to amend their answer, affirmative defenses, 6 and counterclaims. On August 24, 2011, the United States moved to amend its complaint. 7 Dkt. 49. These motions are unopposed. See Dkts. 52, 53. 8 The Court finds that good cause has been shown by both parties to warrant 9 amending the complaint, answer, and any counterclaims or affirmative defenses that 10 Defendants may have to assert against the United States. In granting the motions to 11 amend, the United States’ motion to dismiss Defendants’ previously amended 12 counterclaim is rendered moot. 13 II. ORDER 14 Therefore, it is hereby ORDERED that: 15 1. The United States’ unopposed motion to amend its complaint is GRANTED; 2. Defendants’ unopposed motion to amend its answer, counterclaims and affirmative defenses is GRANTED; 18 3. The United States’ motion to dismiss Defendants’ counterclaim (Dkt. 41) is DENIED as moot; 19 4. The United States SHALL file its Amended Complaint on or before September 21, 2011; 5. The Defendants SHALL file their amended answer, affirmative defenses, and counterclaims on or before October 5, 2011; and 16 17 20 21 22 ORDER - 2 1 6. 2 3 The parties SHALL meet and confer regarding the current case schedule (Dkt. 37) and inform the Court through a joint status report as to the need, if any, to adjust the current schedule. Dated this 14th day of September, 2011. A 4 5 BENJAMIN H. SETTLE United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 3

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