Garcia v. Gordon Trucking, Inc. et al

Filing 130

ORDER GRANTING 128 Defendants' Motion for leave to file corrected answer signed by Magistrate Judge Sheila K. Oberto on 12/21/2011. (Timken, A)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION
SIMON V. GARCIA and ROY VAN KEMPEN on )
behalf of themselves and all others similarly situated. )
)
Plaintiffs,
)
)
vs.
)
)
GORDON TRUCKING, INC., a California
)
Corporation, which will transact business in
)
California as L GORDON; STEVE GORDON,
)
an individual; BOB GOLDBERG, an individual; and )
Does 1 through 20,
)
Inclusive,
)
)
Defendants.
)
)
CHRISTOPHER YANEZ and EMMA YANEZ on )
behalf of themselves and all others similarly situated, )
Plaintiffs,
)
)
vs.
)
)
GORDON TRUCKING, INC., a Washington )
corporation, and DOES 1 through 100, inclusive
)
)
Defendants.
)
)

Case No. 1:10-cv-00324-AWI-SKO
ORDER
GRANTING
DEFENDANTS’
MOTION
FOR
LEAVE
TO
FILE
CORRECTED ANSWER

Docket No. 128

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On December 15, 2011, Defendants Gordon Trucking, Inc., Steve Gordon, and Bob

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Goldberg (“Defendants”) filed a motion seeking to amend their Answer (Doc. 88) to correct a

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“scrivener’s error.” (Doc. 128.)

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Case No. 1:10-cv-00324-AWI-SKO
ORDER

In Defendants’ Answer (Doc. 88), to Plaintiffs’ Consolidated Complaint (Doc. 72) the

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Sixth Affirmative Defense includes a citation to the “Interstate Commerce Termination Act of

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1995, 49 U.S.C. § 14501(c)(1).” The citation in the Sixth Affirmative Defense should read

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“Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1).” No

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opposition to Defendants’ motion was filed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants Motion for Leave to File Corrected Answer is GRANTED; and

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2. Defendants shall file the corrected Answer attached as Exhibit A to their Motion for
Leave to File Corrected Answer as required by Local Rule 220.

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IT IS SO ORDERED.

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Dated:

December 21, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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Case No. 1:10-cv-00324-AWI-SKO
ORDER