(PS) DeMartini, et al. v. DeMartini, et al., No. 2:2014cv02722 - Document 224 (E.D. Cal. 2017)

Court Description: ORDER signed by District Judge John A. Mendez on 5/31/2017 ADOPTING IN FULL 214 Findings and Recommendations; GRANTING 195 Motion to Amend the Complaint; DIRECTING the Clerk of Court to separately file and docket the Proposed Second Amended Compl aint (at ECF 195 ); SEVERING the third cause of action for dissolution of partnership in the 225 Second Amended Complaint from the remaining claims; REMANDING the severed claim to the Superior Court for the State of California, County of Nevada, case no. 80744. (Michel, G.)
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(PS) DeMartini, et al. v. DeMartini, et al. Doc. 224 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY DEMARTINI, et al., 12 13 14 No. 2:14-cv-2722 JAM CKD PS Plaintiff, v. ORDER MICHAEL J. DEMARTINI, et al., 15 Defendant. 16 17 18 19 Plaintiff filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 302(c). On May 1, 2017, the magistrate judge filed findings and recommendations herein which 20 were served on the parties and which contained notice to the parties that any objections to the 21 findings and recommendations were to be filed within fourteen days. None of the parties have 22 filed objections to the findings and recommendations; however, defendants have filed a response. 23 The court has reviewed the file and finds the findings and recommendations to be 24 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 25 ORDERED that: 26 1. The findings and recommendations filed May 1, 2017, are adopted in full; 27 2. The motion to amend the complaint (ECF No. 195) is granted; 28 3. The Clerk of Court is directed to separately file and docket the proposed second 1 Dockets.Justia.com 1 2 3 4 5 amended complaint (ECF No. 195-1 at pp. 8-16, Declaration of Peter Kleinbrodt, Exh. B); 4. The third cause of action for dissolution of partnership in the second amended complaint is severed from the remaining claims; and 5. The severed claim for dissolution of partnership is remanded to the Superior Court of the State of California, in and for the County of Nevada (case no. 80744). 6 7 DATED: May 31, 2017 8 /s/ John A. Mendez 9 HON. JOHN A. MENDEZ 10 United States District Judge 11 12 13 14 2 demartini2722.mta_jo 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2