ST Ventures, LLC, v. KBA Assets and Acquisitions, LLC, et al, No. 1:2012cv01058 - Document 108 (E.D. Cal. 2014)

Court Description: MEMORANDUM DECISION AND ORDER RE: Defendant Brown Brother's Harriman & Co.'s 98 Motion to Dismiss, signed by District Judge Lawrence J. O'Neill on 12/12/2014. (December 18, 2014 hearing is VACATED)(Kusamura, W)

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ST Ventures, LLC, v. KBA Assets and Acquisitions, LLC, et al Doc. 108 1 2 UNITED STATES DISTRICT COURT 3 FOR THE EASTERN DISTRICT OF CALIFORNIA 4 5 6 ST VENTURES, a Utah Corporation, and WORLDWIDE INVESTMENT, INC, a California Corporation, 7 8 9 10 1:12-cv-01058 LJO SMS MEMORANDUM DECISION AND ORDER RE: DEFENDANT BROWN BROTHERS HARRIMAN & CO.’S MOTION TO STRIKE (Doc. 98) Plaintiffs, v. BEN M. PENFIELD, an individual, et al., Defendants. 11 12 Defendant Brown Brothers Harriman & Co (BBH) moves to strike Plaintiffs’ First Amended 13 Verified Complaint (FVAC), Doc. 87, on the basis that it did not conform to the Court’s Order, Doc. 86, 14 granting Plaintiffs leave to file an amended complaint. Mem. of Points and Authorities In Supp. Of Mot. 15 to Dismiss (Def.’s Mem.), Doc. 98., 8-10. Defendant also moves this Court to dismiss Plaintiffs’ Claims 16 against BBH pursuant to Rule 12(b)(6), Id. at 10-14, or in the alternative, for a more definite statement 17 under Rule 8, Id. at 14-16. 18 Plaintiffs concede that the FVAC does not comply with the Order granting it leave to amend, and 19 thus does not oppose BBH’s Motion to Strike unauthorized portions of the FAC. Decl. of Douglas R. 20 Dollinger in Resp. to Mot. to Dismiss, Doc. 105-1. Plaintiffs also concede that the FVAC is defective in 21 other respects identified by BBH and alerts the Court to their intention to file a request for leave to 22 amend. Id. As of the time of this Order, the Court has received no such request from Plaintiffs. 23 Having reviewed the papers filed thus far in connection with this motion, the Court believes the 24 issues are presented clearly in the papers and that oral argument will not be necessary. See Local Rule 25 230(g). Therefore, the hearing on this motion, currently set for December 18,2014, is VACATED. 26 1 Dockets.Justia.com 1 In the interest of party and judicial economy, and given that Plaintiffs admit that the FVAC is 2 defective, the Court GRANTS Defendant’s Motion to Strike. Plaintiffs are granted leave to amend their 3 Complaint in a manner consistent with the Court’s March 19, 2014 Order (Doc. 86). 4 CONCLUSION AND ORDER 5 The Court GRANTS Defendant’s Motion to Strike, Doc. 98. 6 Plaintiff is granted LEAVE TO AMEND the Complaint in a manner consistent with the Court’s 7 8 9 March 19, 2014 Order (Doc. 86). Plaintiffs shall file any amended complaint within 30 days of this order. Plaintiff is cautioned that this will be the last opportunity to amend. This court does not have the resources to review and write 10 extensive orders on how to write, rewrite and submit pleadings, nor to conduct a course in how to follow 11 Court orders. 12 No later than 20 days after service of any amended complaint, Defendants shall file a response 13 thereto. 14 The hearing on this motion, currently set for December 18, 2014, is VACATED. 15 SO ORDERED Dated: December 12, 2014 16 /s/ Lawrence J. O’Neill United States District Judge 17 18 19 20 21 22 23 24 25 26 2

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