Opinion
Civ. 24-2051
10-15-2024
WELLS FARGO BANK, NAT'L ASS'N, AS TR. FOR THE BENEFIT OF REGISTERED HOLDERS OF J.P. MORGAN CHASE COM. MORTG. SEC. CORP., MULTIFAMILY MORTG. PASS-THROUGH CERTIFICATES, SERIES 2017-K724, Plaintiff, v. MM-FCDC PARTNERS, L.P., Defendant.
ORDER
Paul S. Diamond, J.
AND NOW, on this 15th day of October, 2024, upon consideration of Plaintiff Wells Fargo Bank's Motion to Dismiss Counterclaim, (Doc. No. 14), and Defendant MM-FCDC Partners' Response in Opposition, (Doc. No. 24), it is hereby ORDERED that
1. Plaintiff's Motion (Doc. No. 14) is GRANTED.
2. It is further ORDERED that Defendant's Counterclaim (Doc. No. 11 at 9-19, ¶¶ 1-80) is DISMISSED without prejudice.
3. Defendant shall have until November 5, 2024 to file an Amended Counterclaim. If Defendant fails to amend, its Counterclaim will be dismissed with prejudice.
AND IT IS SO ORDERED.