Aldapa et al v. Fowler Packing Company Inc. et al

Filing 142

ORDER on Defendants' #136 Motion to Modify Scheduling Order and 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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BEATRIZ ALDAPA, et al.,

12

Plaintiffs,

13
14
15

v.
FOWLER PACKING COMPANY, INC.,
et al.,

No. 1:15-cv-00420-DAD-SAB

ORDER ON DEFENDANTS’ MOTION TO
MODIFY SCHEDULING ORDER AND FOR
LEAVE TO AMEND ANSWER
(Doc. No. 136)

Defendants.

16

On December 14, 2016, defendants filed the instant motion seeking to modify the

17
18

scheduling order and allow them to amend their answer to add an affirmative defense based on

19

the statutory safe harbor provision. (Doc. No. 136.) Plaintiffs filed an opposition on January 3,

20

2017, objecting to the proposed amendment as futile and raising additional constitutional

21

challenges to the safe harbor provision in its entirety. (Doc. No. 140.) Defendants replied on

22

January 10, 2017. (Doc. No. 141.)

23

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

24

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

25

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

26

Fowler Packing Co., Inc. v. Lanier, No. 1:16-cv-00106-DAD-SAB have concluded. Once these

27

appellate proceedings are concluded, the court may request additional briefing and/or oral

28

/////
1

1

argument on the instant motion. Meanwhile, the court encourages the parties to continue

2

diligently litigating those aspects of this case related to class certification.

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