Filed: Aug. 26, 2014
Latest Update: Aug. 26, 2014
Summary: REVISED STIPULATION FOR AMENDMENT TO (1) PLAINTIFFS' FIFTH AMENDED COMPLAINT; (2) PREVIOUSLY FILED ANSWERS, COUNTER-CLAIMS AND CROSS-CLAIMS OF GREGORY SMITH; and, (3) PREVIOUSLY FILED ANSWERS, COUNTER-CLAIMS AND CROSS-CLAIMS OF "THE JANE NASH TRUST"; ORDER THEREON BARBARA A. McAULIFFE, District Judge. Pursuant to Federal Rule of Civil Procedure 15(c) and the Court's Minute Orders dated July 1, 2014, document 227, and August 4, 2014, document 240, Plaintiffs Viola Coppola Irrevocable Trust, Gar
Summary: REVISED STIPULATION FOR AMENDMENT TO (1) PLAINTIFFS' FIFTH AMENDED COMPLAINT; (2) PREVIOUSLY FILED ANSWERS, COUNTER-CLAIMS AND CROSS-CLAIMS OF GREGORY SMITH; and, (3) PREVIOUSLY FILED ANSWERS, COUNTER-CLAIMS AND CROSS-CLAIMS OF "THE JANE NASH TRUST"; ORDER THEREON BARBARA A. McAULIFFE, District Judge. Pursuant to Federal Rule of Civil Procedure 15(c) and the Court's Minute Orders dated July 1, 2014, document 227, and August 4, 2014, document 240, Plaintiffs Viola Coppola Irrevocable Trust, Gary..
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REVISED STIPULATION FOR AMENDMENT TO (1) PLAINTIFFS' FIFTH AMENDED COMPLAINT; (2) PREVIOUSLY FILED ANSWERS, COUNTER-CLAIMS AND CROSS-CLAIMS OF GREGORY SMITH; and, (3) PREVIOUSLY FILED ANSWERS, COUNTER-CLAIMS AND CROSS-CLAIMS OF "THE JANE NASH TRUST"; ORDER THEREON
BARBARA A. McAULIFFE, District Judge.
Pursuant to Federal Rule of Civil Procedure 15(c) and the Court's Minute Orders dated July 1, 2014, document 227, and August 4, 2014, document 240, Plaintiffs Viola Coppola Irrevocable Trust, Gary Coppola, and the Trust of Anthony M. Coppola (collectively "Plaintiffs"), Defendant Gregory Smith, and Defendants Jane Higgins Nash, as Executrix of the Estate of Mabel Elaine Higgins, deceased and Trustee of the Trust created by the Estate of Mabel Elaine Higgins, deceased, commonly known as the Jane Higgins Nash Trust ("JHN Trust"), Estate of Decatur Higgins, deceased ("DH Estate") and Cross-Defendants David H. Nash and Richard P. Nash, as the successor co-trustees of the William P. Nash and Jane H. Nash Revocable Trust ("Nash") (all JHN Trust, DH Estate and Nash Defendants and Cross-Defendant collectively referred to herein as "The Jane Nash Trust") hereby revise the previous stipulation to delete the reference to a proposed sixth amended complaint and stipulate and request that the Court enter an order granting the following amendments:
1. All references and allegations in the Fifth Amended Complaint as to Defendant Gregory Smith shall be replaced with Paragon Cleaners, Inc., a California corporation that, since February 1998, and at all times herein relevant, was and is doing business in California.
2. All references in the Answers filed by Gregory Smith, as well as Gregory Smith's Counter and Cross-Claims against and as they relate to Plaintiffs and The Jane Nash Trust Defendants and Cross-Defendants, are hereby amended to replace Gregory Smith with Paragon Cleaners, Inc., a California corporation that, since February 1998, and at all times herein relevant, was and is doing business in California.
3. All references in the Cross-Claims filed by The Jane Nash Trust Defendants and Cross-Defendants as they relate to Gregory Smith, are hereby amended to replace Gregory Smith with Paragon Cleaners, Inc., a California corporation that, since February 1998, and at all times herein relevant, was and is doing business in California.
ORDER
Based on the above Stipulation, IT IS SO ORDERED. This Order does not amend any other portion of the referenced pleadings. This order does not alter or change the pleadings for purposes of the pending motion for summary judgment. (Doc. 200.)
IT IS SO ORDERED.
