Liu et al v. Win Woo Trading, LLC et al

Filing 31

ORDER by Judge Kandis A. Westmore granting 24 Motion to Strike 24 MOTION to Strike 9 Answer to Amended Complaint. Defendants have 14 days to file an amended answer. (kawlc1, COURT STAFF) (Filed on 10/9/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KUANG XUAN LIU, et al.,

Case No. 14-cv-02639-KAW

Plaintiffs,
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ORDER GRANTING PLAINTIFFS’
MOTION TO STRIKE ANSWER

v.
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WIN WOO TRADING, LLC, et al.,

Dkt. No. 24

Defendants.

United States District Court
Northern District of California

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On August 29, 2014, Plaintiffs filed a motion to strike Defendants Safety Trucking LLC

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and Jia Tun Zheng’s affirmative defenses in their answer to Plaintiffs’ first amended complaint.

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(Dkt. No. 24.) Pursuant to Civil L.R. 7-3, a party has 14 days from the date of filing to file an

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opposition to the motion. Under this Court’s Standing Order, “[t]he failure of the opposing party

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to file a memorandum of points and authorities in opposition to any motion shall constitute

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consent to the granting of the motion.” (Standing Order for Magistrate Judge Kandis A. Westmore

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¶ 22.) Defendants did not file an opposition.

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Accordingly, the Court finds that this matter may be resolved without further briefing and

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without oral argument pursuant to Civil Local Rule 7-1(b), and GRANTS Plaintiffs’ motion to

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strike Defendants’ affirmative defenses as unopposed. Defendants shall file a first amended

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answer which complies with Rule 8 and Iqbal-Twombly pleading standards within 14 days of this

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order. Any affirmative defenses not asserted in the amended answer will be deemed waived.

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IT IS SO ORDERED.
Dated: October 9, 2014
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KANDIS A. WESTMORE
United States Magistrate Judge