Chavez v. Blue Sky Natural Beverage Co. et al
Filing
69
ORDER TO SHOW CAUSE why plaintiff's motion to strike remaining affirmative defenses should not be granted; vacating 9/24/09 hearing. Order to Show Cause Hearing set for 10/15/2009 10:00 AM. Show Cause Response due by 10/5/2009. (vrwlc1, COURT STAFF) (Filed on 9/23/2009)
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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHRIS CHAVEZ, on behalf on himself and all others similarly situated, Plaintiff, v BLUE SKY NATURAL BEVERAGE CO, et al, Defendants. / No C 06-6609 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
On July 21, 2009, plaintiff filed a motion to strike defendants' affirmative defenses. Doc #57. In lieu of a response
to plaintiff's motion, defendants filed an amended answer eliminating fourteen affirmative defenses and revising and reasserting five others. Doc #64. While defendants did not obtain
leave prior to filing an amended answer, the court will nevertheless allow the amendment because it does not appear to prejudice plaintiff. Defendants argue that their amended answer moots plaintiff's motion. Doc #65. The court will treat as waived the
1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
fourteen affirmative defenses not asserted in defendants' amended answer. But because defendants' amended answer continues to assert
five affirmative defenses, those five affirmative defenses remain subject to plaintiff's motion to strike. Defendants were obligated to oppose or state their nonopposition to plaintiff's motion. Civ LR 7-3. Because defendants
have failed to address plaintiff's motion adequately, defendants are hereby ORDERED to SHOW CAUSE in writing, not later than October 5, 2009, why plaintiff's motion to strike defendants' five remaining affirmative defenses should not be granted. currently scheduled for September 24, 2009 is VACATED. The hearing In its
place, the court will hold a hearing on the matter on October 15, 2009 at 10 AM.
IT IS SO ORDERED.
VAUGHN R WALKER United States District Chief Judge
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