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September 21, 2009 Update

Motion To Dismiss and Tentative Scheduling

Motion To Dismiss and Tentative Scheduling


  1. CUNA Mutual filed a Memorandum of Law In Support of the Motion To Dismiss that is attached. Our Memorandum is due October 16, 2009 and the Defendants' reply Memorandum is due October 30, 2009. We are currently preparing our response. The Memorandums will be posted on the website when filed with the Court.
  2. On September 18, 2009 an initial scheduling conference was held before Magistrate Judge Crocker. The significant items were:
    1. The case will be assigned to a new Judge when confirmed.
    2. In the interim Judge Crabb will be handling the case and possibly ruling on the Motion to Dismiss.
    3. Assuming that the case proceeds the Magistrate scheduled numerous deadlines for processing the case leading up to a projected trial date of January 31, 2011.
    4. The new Judge will have the authority to change any dates.
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