Amaro, et al. v. Gerawan Farming, Inc., et al.

Filing 87

ORDER on Defendants' #84 Motion to Modify Scheduling Order and for Leave to Amend Answer, signed by District Judge Dale A. Drozd on 1/12/2017. (The hearing set for 1/17/2017 is vacated. The matter is taken under submission and a written order will follow eventually, though not until appellate proceedings before the Ninth Circuit in the related case of Fowler Packing Co., Inc. v. Lanier, No. 1:16-cv-00106-DAD-SAB have concluded.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAFAEL MARQUEZ AMARO and
JESUS ALARCON URZUA,
Plaintiffs,

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No. 1:14-cv-00147-DAD-SAB
ORDER ON DEFENDANTS’ MOTION TO
MODIFY SCHEDULING ORDER AND FOR
LEAVE TO AMEND ANSWER

v.
(Doc. No. 84)
GERAWAN FARMING, INC. and
GERAWAN FARMING PARTNERS,
INC.,
Defendants.

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On December 13, 2016, defendants filed the instant motion seeking to modify the

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scheduling order and for leave to amend their answer to add an affirmative defense based on the

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statutory safe harbor provision. (Doc. No. 84.) Plaintiffs filed an opposition on January 3, 2017,

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objecting to the proposed amendment as futile and raising additional constitutional challenges to

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the safe harbor provision in its entirety. (Doc. No. 85.) Defendants replied on January 10, 2017.

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(Doc. No. 86.)

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This motion is suitable for resolution on the briefs submitted, and the hearing set for

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January 17, 2017 is vacated. The matter is taken under submission and a written order will follow

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eventually, though not until appellate proceedings before the Ninth Circuit in the related case of

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Fowler Packing Co., Inc. v. Lanier, No. 1:16-cv-00106-DAD-SAB have concluded. Once these
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appellate proceedings are concluded, the court may request additional briefing and/or oral

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argument on the instant motion.

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IT IS SO ORDERED.

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Dated:

January 12, 2017
UNITED STATES DISTRICT JUDGE

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