Silva

Silva v. M/V FIRST LADY

Good Law
28 F. Supp. 2d 581·1998 WL 750960·1998 A.M.C. 1649·1998 U.S. Dist. LEXIS 21133
United States District Court, Southern District of CaliforniaMarch 30, 199897-0718 JM(CGA)California1,588 words

Opinion

Opinion

Miller, J.

AMENDED ORDER GRANTING DEBIS FINANCIAL SERVICE INC.’S MOTION UNDER RULE 12(b)(6); DENYING DEBIS FINANCIAL SERVICE INC.’S MOTION UNDER RULE 12(F); GRANTING PLAINTIFF’S 30 DAYS LEAVE TO AMEND

The court issues the present order to clarify its order, entered on February 19, 1998, Granting debis Financial Service’s Inc.’s Motion Under Rule 12(b)(6); Denying debis Financial Service Inc.’s Motion Under rule 12(f); Granting Plaintiffs 30 Days Leave to Amend (“Order”). The present order modifies lines 4:12-22 of the Order, corresponding to lines 4:18-5:1 in the present order. In all other respects, the Order remains the same. The corrected order is set forth below in its entirety.

debis Financial Services, Inc. (“debis”), one of the plaintiffs-in-intervention, moves to dismiss portions of the complaint pursuant to Rule 12(b)(6) and to strike portions of the complaint pursuant to Rule 12(f). Plaintiffs Ronnie Silva (“Silva”), San Diego Marine Exchange (“SDME”), and James P Coleman d/b/a Coleman Marine Diesel (“Coleman”) oppose the motions. Defendants Fishing Unlimited, Inc. And Mark J. Botta have neither filed an opposition or a statement of non-opposition as required by Local Rule…

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