Operating Engineers' Pension Trust Fund et al v. Clarks Welding And Machine et al

Filing 44

ORDER re: Defendants' Eighth Affirmative Defense. Signed by Judge Samuel Conti on 09/18/2009. (sclc2, COURT STAFF) (Filed on 9/18/2009)

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For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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OPERATING ENGINEERS' PENSION TRUST ) FUND; GIL CROSTHWAITE AND RUSS ) BURNS, as Trustees, ) ) ) Plaintiffs, ) ) v. ) ) CLARK'S WELDING AND MACHINE, a California partnership, aka ) CLARK'S WELDING, aka CLARK'S ) WELDING AND MACHINING; SYLVESTER ) HABERMAN, individually, and FRANZ ) ) EDELMAYER, individually, ) ) Defendants. ) )

Case No. 09-0044 SC ORDER RE: DEFENDANTS' EIGHTH AFFIRMATIVE DEFENSE

On July 28, 2009, the Court granted in part and denied in part Plaintiff's Motion to Strike Defendants' Affirmative Defenses. Docket No. 43. The eighth affirmative defense was

dismissed with leave to amend, and Defendants had twenty (20) days to file an Amended Answer. Having failed to do so, the Court

DISMISSES the eighth affirmative defense WITHOUT LEAVE TO AMEND.

IT IS SO ORDERED.

Dated: September 18, 2009 UNITED STATES DISTRICT JUDGE