Barton Properties, Inc. et al. v. John Burse, et al.

Filing 48

ORDER by Judge Dean D. Pregerson the court deems Defendants failure to oppose as consent to granting the motion for leave to file a second amended complaint, and GRANTS the motion 45 . Plaintiffs shall file an amended complaint, in accordance with the Clerks Office filing procedures, within fourteen days of the date of this order. (lc) Modified on 1/3/2012 (lc). Modified on 1/3/2012 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BARTON PROPERTIES, INC., a
California corporaiton and
KENTUCK OIL LLC, a Kentucky
limited liability company,

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Plaintiff,
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v.
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JOHN BURSE, an individual,
JOHN ROBBINS, an individual,

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Defendants.
___________________________

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Case No. CV 10-08245 DDP (RZx)
ORDER GRANTING PLAINTIFFS’ MOTION
FOR LEAVE TO FILE SECOND AMENDED
COMPLAINT
[Dkt. No. 45]

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Presently before the court is Plaintiffs’ Motion for Leave to

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File Second Amended Complaint.

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opposition, the court GRANTS the motion.

Because Defendant has not filed an

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Central District of California Local Rule 7-9 requires an

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opposing party to file an opposition to any motion at least twenty-

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one (21) days prior to the date designated for hearing the motion.

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C.D. CAL. L.R. 7-9.

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“[t]he failure to file any required paper, or the failure to file

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it within the deadline, may be deemed consent to the granting or

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denial of the motion.”

Additionally, Local Rule 7-12 provides that

C.D. CAL. L.R. 7-12.

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The hearing on Plaintiffs’ motion was set for January 9, 2012.

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Defendant’s opposition was therefore due by December 19, 2011.

As

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of the date of this Order, Defendant has not filed an opposition,

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or any other filing that could be construed as a request for a

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continuance.

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oppose as consent to granting the motion for leave to file a second

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amended complaint, and GRANTS the motion.

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amended complaint, in accordance with the Clerk’s Office filing

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procedures, within fourteen days of the date of this order.

Accordingly, the court deems Defendant’s failure to

Plaintiffs shall file an

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IT IS SO ORDERED.

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Dated: January 3, 2012
DEAN D. PREGERSON
United States District Judge

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