STIPULATION TO EXTEND BRIEFING SCHEDULE ON PLAINTIFF SCC'S MOTIONS TO STRIKE THE ANSWERS OF DEFENDANTS FONFA, WEIDNER AND JACOBY

JENNIFER A. DORSEY, District Judge.

Pursuant to LR 7-1, LR IA 601, and LR IA 602, Plaintiff Snow Covered Capital, LLC ("SCC") and Defendants Fonfa, Weidner, and Jacoby, and Defendant Lucky Dragon L.P. ("LDLP") stipulate and agree that Plaintiff SCC shall have up to and including August 13, 2019 to file its reply briefs regarding its Motions to Strike the Answers of Defendants Fonfa (ECF No. 51) and Weidner/Jacoby (ECF No. 53). This is a short (two business day) extension from the current date for such replies.

1. On April 8, 2019, Plaintiff Snow Covered Capital, LLC filed its complaint in this proceeding (ECF No. 1).

2. On June 18, 2019, Defendants Weidner and Jacoby filed their Answer (ECF No. 21) in response to the SCC Complaint.

3. On June 19, 2019 Defendant Fonfa filed his Answer (ECF No. 22) in response to the SCC Complaint.

4. On July 9, 2019, SCC filed its motions to strike the Fonfa and Weidner/Jacoby Answers. On that same day, SCC filed a motion to dismiss the counterclaims asserted by Defendant LDLP (ECF No. 50).

5. On July 19, 2019 the parties entered into a stipulation (ECF No. 56) extending the Defendants' time for responding to the SCC motions to strike to July 30, 2019 and setting an August 9, 2019 reply date for the three motions to strike and an August 12, 2019 reply date for SCC's motion to dismiss the LDLP Counterclaim. This stipulation was endorsed by this Court on July 23, 2019 (ECF No 57).

6. The Defendants all filed responses to the motion to strike on July 30, 2019 (ECF Nos. 62, 63, 64), but Defendant LDLP also filed an Amended Answer and Counterclaim (ECF No. 61) that this Court recently held (ECF No. 73, filed August 7, 2019) superseded the complaint to which SCC's July 9, 2019 motion to dismiss (ECF No. 50) had been directed and so mooted the existing SCC motion to dismiss. The same problem existed for the SCC motion to strike LDLP's original answer, though that aspect of the mootness problem was not referenced in the Court's August 7, 2019 minute order.

7. As a result of the filing of LDLP's Amended Answer and Counterclaim, a new SCC motion to dismiss and a new SCC motion to strike (not just SCC reply briefs) will now be required, at its earliest, on August 13, 2019.

8. This stipulation will allow all of the latest round of SCC motions to strike filings (replies regarding the Fonfa and Jacoby/Weidner-related motions and the new motion to strike LDLP's First Amended Answer and Counterclaim) to be made on the same dates, as was originally intended. The task of dealing with a new motion to strike, and coordinating it with the other filings, together with computer system and vacation-induced short-staffing issues during the past two weeks, and as the demands of other substantial filings required between July 30, 2019 and the present, have made this two business day extension logical and necessary.

IT IS SO ORDERED.