William Lund et al v. 3M Company et al

Filing 427

ORDER GRANTING PLAINTIFFS UNOPPOSED MOTION TO FILE A THIRD AMENDED COMPLAINT 419 .Further the Court orders that any prior answers filed by defendants shall be deemed filed as to the third amended complaint by Judge Dean D. Pregerson . (lc). Modified on 4/15/2014 (lc).

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1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 William Lund et al. 12 13 Plaintiffs, v. 14 3M Company et al. 15 Defendants. ___________________________ ) ) ) ) ) ) ) ) ) ) Case No. CV 13-02776 DDP (VBKx) ORDER GRANTING PLAINTIFFS’ UNOPPOSED MOTION TO FILE A THIRD AMENDED COMPLAINT [Dkt. No. 419] 16 17 Presently before the court is Plaintiffs’ Motion to File a 18 Third Amended Complaint. (Dkt No. 419.) None of the various 19 Defendants named in the suit have opposed the motion. 20 the court GRANTS Plaintiffs’ Motion to File a Third Amended 21 Complaint. 22 Accordingly, Federal Rule of Civil procedure 15(a) provides in relevant 23 part that a party may amend its pleading after obtaining leave of 24 the court or the consent of the adverse party. Central District of 25 California Local Rule 7-9 requires an opposing party to file an 26 opposition to any motion at least twenty-one (21) days prior to the 27 date designated for hearing the motion. 28 Additionally, Local Rule 7-12 provides that “[t]he failure to file C.D. CAL. L.R. 7-9. 1 any required document, or the failure to file it within the 2 deadline, may be deemed consent to the granting or denial of the 3 motion.” 4 C.D. CAL. L.R. 7-12. The hearing on Defendants’ motion was noticed for April 28, 5 2014. 6 As of the date of this Order, Defendants have not filed an 7 opposition or any other filing that could be construed as a request 8 for a continuance. 9 failure to oppose as consent to the filing of the Third Amended Defendants’ opposition was therefore due by April 7, 2014. Accordingly, the court deems Defendants’ 10 Complaint, and GRANTS the motion. 11 any prior answers filed by defendants shall be deemed filed as to 12 the third amended complaint. Further the Court orders that 13 IT IS SO ORDERED. 14 15 Dated: April 15, 2014 DEAN D. PREGERSON United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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