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)

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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

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