The opinion of the court was delivered by: Senior District Judge Richard P. Matsch
Courtroom Deputy: J. Chris Smith
FTR Technician: Kathy Terasaki
Scheduling Conference 11:00 a.m. Court in session.
Mr. Lipinsky confirms that defendants Legacy, Jewels, Karlen and Moeder are in default. Counsel submit a supplement to proposed scheduling order to Court.
Discussion regarding state court criminal proceedings, case facts and claims, parties' respective positions, pending motions and discovery.
ORDERED: Plaintiff's Motion to Strike Untimely Answer of Defendants Foster and Barnett, filed October 9, 2008 , is denied.
ORDERED: Defendant National City Mortgage Company 's Motion To Dismiss Counts One, Two and Nine of Plaintiff's Complaint, filed October 14, 2008 , is denied.
ORDERED: Defendant Clarion Mortgage Capital, Inc.'s Motion to Dismiss, filed October 24, 2008 , is denied.
ORDERED: Plaintiff's Motion to Quash Subpoenas, filed November 26, 2008 , is denied.
Plaintiff shall provide to defendants all appraisals done by Mr. Forsythe.
ORDERED: Plaintiff's Unopposed Motion for Dismissal of Ninth Claim for Relief Against Defendant Clarion, filed December 4, 2008 , is granted.
ORDERED: Unopposed Motion for Extension of Time, filed December 5, 2008 , is moot.
Mr. McAllister states defendants Foster and Barnet will not participate in discovery and are ...