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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 RAFAEL MARQUEZ AMARO and JESUS ALARCON URZUA, Plaintiffs, 13 14 15 16 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. 17 18 19 On December 13, 2016, defendants filed the instant motion seeking to modify the 20 scheduling order and for leave to amend their answer to add an affirmative defense based on the 21 statutory safe harbor provision. (Doc. No. 84.) Plaintiffs filed an opposition on January 3, 2017, 22 objecting to the proposed amendment as futile and raising additional constitutional challenges to 23 the safe harbor provision in its entirety. (Doc. No. 85.) Defendants replied on January 10, 2017. 24 (Doc. No. 86.) 25 This motion is suitable for resolution on the briefs submitted, and the hearing set for 26 January 17, 2017 is vacated. The matter is taken under submission and a written order will follow 27 eventually, though not until appellate proceedings before the Ninth Circuit in the related case of 28 Fowler Packing Co., Inc. v. Lanier, No. 1:16-cv-00106-DAD-SAB have concluded. Once these 1 1 appellate proceedings are concluded, the court may request additional briefing and/or oral 2 argument on the instant motion. 3 IT IS SO ORDERED. 4 Dated: January 12, 2017 UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?