Nickles v. Union Pacific Railroad Company

Filing 78

ORDER signed by Judge Morrison C. England, Jr on 4/26/10 GRANTING Pltf's 71 Motion to Amend the Complaint. Pltf's proposed second amended complaint is due no later than 30 days after the filing of this order. (Owen, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 This action, brought on behalf of Plaintiff Jeff Nickles, seeks damages for injuries sustained by Mr. Nickles as a result of a railroad accident that occurred on November 9, 2006. Presently before the Court is a Motion for Leave to File Second Amended Complaint. That Motion is made in the wake of ----oo0oo---v. UNION PACIFIC RAILROAD COMPANY, JEFF NICKLES, Plaintiff, ORDER No. 2:08-cv-01155-MCE-KJM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Mr. Nickles' death on January 13, 2010 and seeks to amend the pleadings to reflect the fact that this lawsuit is now being pursued by Jeff Nickles II as Administrator of Mr. Nickles' Estate. /// 1

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On April 8, 2010, Defendant Union Pacific Railroad Company filed a Statement of Non-Opposition to Plaintiff's Motion. Given that non-opposition, and good cause appearing therefor, Plaintiffs' Motion for Leave to File Second Amended Complaint is GRANTED.1 Plaintiffs are directed to file and serve their

proposed Second Amended Complaint not more than thirty (30) days after this Order is electronically filed. IT IS SO ORDERED. Dated: April 26, 2010

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

Because oral argument would not be of material assistance, this matter was deemed suitable for decision without oral argument. E.D. Local Rule 230(g). 2

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