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KFD Enterprises, Inc. v. City of Eureka

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


September 30, 2009

KFD ENTERPRISES, INC., PLAINTIFF,
v.
CITY OF EUREKA, ET AL., DEFENDANTS

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

ORDER VACATING OCTOBER 2, 2009 HEARING ON MOTION TO DISMISS COUNTERCLAIM AND THIRD-PARTY PORTIONS OF FIRST AMENDED COMPLAINT OF CITY OF EUREKA AND MOTION TO STRIKE PORTIONS OF FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT OF CITY OF EUREKA AND RELATED COUNTERCLAIMS AND THIRD PARTY CLAIMS

Before the Court are two motions: (1) counterclaimant KFP Enterprises, Inc. ("KFP") and third-party defendant Kenneth Daer's ("Daer") Motion to Dismiss Portions of the First Amended Counterclaim and Third-Party Complaint of City of Eureka, filed August 10, 2009; and (2) KFP and Daer's Motion to Strike Portions of the First Amended Counterclaim and Third-Party Complaint of City of Eureka, filed August 10, 2009. The motions have been fully briefed. Having read and considered the papers filed in support of and in opposition to the motions, the Court deems the matters suitable for decision on the parties' respective submissions, and VACATES the hearing scheduled for October 2, 2009.

IT IS SO ORDERED.

20090930

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