Kevin Wilson v. J.P. Allen Company et al

Filing 17

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Defendant J.P. Allen Company dba Holiday Inn Burbank-Media Center's Motion to Strike all references to "XYZ Insurance Company" from the complaint pursuant to Federal Rule of Civil Procedure 12(f) 14 is hereby GRANTED. Plaintiff shall have until 1/28/2014, to file an amended complaint. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 13-7946 CAS (MRWx)

Title

KEVIN WILSON V. J.P. ALLEN COMPANY, ET AL.

Present: The Honorable

Date

January 2, 2014

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Not Present

Not Present

Proceedings:

(In Chambers:) MOTION TO STRIKE (Dkt. #14, filed Oct. 31,
2013)

The Court finds this motion appropriate for decision without oral argument. Fed.
R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of January 6, 2014, is
vacated, and the matter is hereby taken under submission.
On June 19, 2013, plaintiff Kevin Wilson filed this action in the United States
District Court for the Southern District of California against defendants J.P. Allen
Company dba Holiday Inn Burbank-Media Center (“J.P. Allen”) and Does 1 through 10.
Dkt. #1. Plaintiff asserts a claim for negligence against J.P. Allen, and also alleges that
“XYZ Insurance Company,” an insurance company whose name is unknown at this time,
is liable for J.P. Allen’s negligence by virtue of its status as J.P. Allen’s insurer. Id. This
case was transferred to this Court on October 15, 2013. Dkt. #9.
On October 31, 2013, J.P. Allen filed a motion to strike all references to “XYZ
Insurance Company” from the complaint pursuant to Federal Rule of Civil Procedure
12(f). Dkt. #14. Pursuant to Local Rule 7-9, plaintiff’s opposition to this motion was
due on December 16, 2013. As of December 31, 2013, plaintiff has not filed an
opposition. Pursuant to Local Rule 7-12, failure to file an opposition may be deemed
consent to the granting of a motion. Accordingly, J.P. Allen’s motion to strike is hereby
GRANTED.
Plaintiff shall have until January 28, 2014, to file an amended complaint.
IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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CMJ

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