Enns et al v. Flores et al

Filing 161

ORDER Regarding Court's April 20, 2011 Memorandum Decision Regarding 123 Motion to Amend signed by Judge Oliver W. Wanger on 5/2/2011. (Plaintiffs Amended Complaint due 5/10/2011) (Figueroa, O)

1 Jeffery L. Caufield, Esq. (SBN 166524)
[e-mail]
2 Kenneth E. James, Esq. (SBN 173775)
[e-mail]
3 CAUFIELD & JAMES, LLP
2851 Camino Del Rio South, Suite 410
4 San Diego, California 92108
[phone] Telephone
5 [phone] Facsimile
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Attorneys for Plaintiffs Enns Pontiac, Buick, & GMC Truck, Earl L. Enns & Esther
7 Enns as Trustees of the 2004 Enns Family Trust, Harold J. Enns & Patricia L. Enns
as Trustees for the Family Trust
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

12 ENNS PONTIAC, BUICK, & GMC )
TRUCK , a California Corporation; )
13 EARL L. ENNS and ESTHER J.
)
ENNS as Trustees of the 2004 Enns )
14 Family Trust; and HAROLD J. ENNS )
and PATRICIA L. ENNS as Trustees )
15 for the Family Trust,
)
)
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Plaintiffs,
)
)
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v.
)
)
18 ORELIA FLORES, an individual;
)
THE ESTATE OF SIETO
)
19 YAMAGUCHI, deceased; MABEL )
LEE, an individual; THE ESTATE OF )
20 HERBERT LEE, deceased;
)
REEDLEY STEAM LAUNDRY;
)
21 REEDLEY DRY CLEANING
)
WORKS; JOHN PEARCE, an
)
22 individual; PATTY MARTINEZ, an
individual; and LOUIE MARTINEZ,
23 an individual.
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NO: 1:07-CV-01043-OWW-DLB

ORDER REGARDING
COURT’S APRIL 20, 2011
MEMORANDUM DECISION
REGARDING MOTION TO AMEND.

Hearing Date: April 18, 2011
Time: 10:00 a.m.
Courtroom: 3
Judge: Oliver W. Wanger
Pre-Trial Conference: January 9, 2012

Defendants.

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_____________________________

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ORDER REGARDING COURT’S APRIL 20, 2011
MEMORANDUM DECISION REGARDING MOTION TO AMEND
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1 TO EACH PARTY AND THEIR ATTORNEY OF RECORD:
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Pursuant to the Court’s April 20, 2011 Memorandum Decision Regarding

3 Motion to Amend, and having considered the motion, memorandum, declarations,
4 exhibits filed, and arguments made in connection with ENNS PONTIAC, BUICK, &
5 GMC TRUCK, EARL L. ENNS, AND ESTHER J. ENNS as Trustees of the 2004
6 Enns Family Trust, and HAROLD J. ENNS, and PATRICIA L. ENNS as Trustees
7 for the Family Trust, (hereinafter collectively “Plaintiffs”) Motion for Leave to File a
8 Second Amended Complaint (hereinafter “Motion to Amend”), the Court
9 ORDERED the following:
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1) Plaintiffs’ Motion to Amend is DENIED with respect to the addition of

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RCRA claims;

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2) Plaintiffs’ Motion to Amend is DENIED with respect to joining Ethel

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Warnock, Bruce Warnock, Jesse Williams, Reynaldo Betancourt, and Floyd

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Morse as Defendants;

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3) Plaintiffs’ Motion to Amend is GRANTED with respect to adding the

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personal representatives of deceased Defendants and with respect to

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correction of spelling errors;

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4) Plaintiffs shall file an amended complaint within five days of receiving

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electronic service of this decision;

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5) Defendants shall file responsive pleading within twenty days of receiving

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electronic service of an amended complaint; and

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6) Plaintiffs shall file a form of order consistent with this decision within five

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days of receiving electronic service of this decision.

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THEREFORE, IT IS ORDERED THAT Plaintiffs’ Motion to Amend is

25 GRANTED in part, as detailed above.
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IT IS FURTHER ORDERED THAT the proposed amended complaint,

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1
ORDER REGARDING COURT’S APRIL 20, 2011
MEMORANDUM DECISION REGARDING MOTION TO AMEND

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1 attached hereto as Exhibit 1, be and hereby is deemed to be the Second Amended
2 Complaint, and is deemed filed and served as of this date.
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4 IT IS SO ORDERED.
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6 Dated: May 2, 2011.

/s/ OLIVER W. WANGER
United States District Court Judge

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ORDER REGARDING COURT’S APRIL 20, 2011
MEMORANDUM DECISION REGARDING MOTION TO AMEND

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