J & J Sports Productions, Inc. v. Rubio et al

Filing 15

ORDER granting 10 Motion to Strike signed by Judge Morrison C. England, Jr on 4/20/12; Plaintiff's Motion to Strike (ECF No. 10) is thus GRANTED with leave to amend in its entirety. Not later than twenty (20) days following the date this Order is electronically filed, Defendants may (but are not required to) file an amended answer. If no amended answer is filed within said twenty (20)-day period, without further notice to the parties, the affirmative defenses stricken by virtue of this Order will be stricken without leave to amend. IT IS SO ORDERED.(Matson, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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No. 2:11-cv-02995-MCE-DAD

v.

ORDER

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MARTHA RUBIO, et al.,

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Defendants.

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----oo0oo----

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Presently before the Court is a Motion to Strike Affirmative

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Defenses filed by Plaintiff J & J Sports Productions, Inc.

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(“Plaintiff”).1

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before this Court on its regular April 5, 2012, calendar, and any

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response Defendants intended to file was therefore due not later

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than March 22, 2012.

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Defendants nonetheless failed to file either an opposition or

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statement of non-opposition as required by the Local Rules.

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///

This matter was originally set for hearing

See E.D. Cal. Local Rule 230(c).

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Because oral argument will not be of material assistance,
the Court orders this matter submitted on the briefing. E.D.
Cal. Local Rule 230(g).
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Accordingly, this Court now construes Defendants’ failure to

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oppose Plaintiff’s Motion as their consent to it being granted.

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Plaintiff’s Motion to Strike (ECF No. 10) is thus GRANTED with

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leave to amend in its entirety.

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following the date this Order is electronically filed, Defendants

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may (but are not required to) file an amended answer.

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amended answer is filed within said twenty (20)-day period,

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without further notice to the parties, the affirmative defenses

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stricken by virtue of this Order will be stricken without leave

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Not later than twenty (20) days

If no

to amend.
IT IS SO ORDERED.
Dated: April 20, 2012

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

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