Fast Trak Investment Company, LLC v. Richard P. Sax

Filing 41

ORDER by Judge Kandis A. Westmore granting 34 Motion for Leave to File an Amended Answer. Defendant is required to E-FILE the amended document. ORDER terminating 39 Motion to Appear by Telephone as moot. (kawlc1, COURT STAFF) (Filed on 7/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FAST TRAK INVESTMENT COMPANY,
LLC,
Plaintiff,

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v.
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RICHARD P SAX, et al.,

United States District Court
Northern District of California

Defendants.

Case No. 4:17-cv-00257-KAW
ORDER GRANTING DEFENDANT'S
MOTION FOR LEAVE TO FILE AN
AMENDED ANSWER; ORDER
TERMINATING REQUEST TO
APPEAR BY TELEPHONE AS MOOT
Re: Dkt. Nos. 34, 39

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On June 23, 2017, Defendant Richard P. Sax filed a motion for leave to file an amended

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answer to add the affirmative defense of champerty. (Def.’s Mot., Dkt. No. 34 at 1.) Plaintiff did

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not file an opposition. “The failure of the opposing party to file a memorandum of points and

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authorities in opposition to any motion shall constitute consent to the granting of the motion.”

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Judge Westmore’s General Standing Order ¶ 22.

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Accordingly, the Court finds this matter suitable for resolution without oral argument

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pursuant to Civil Local Rule 7-1(b), and GRANTS Defendant’s motion for leave to file an

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amended answer. Defendant shall file the amended answer within 7 days of this order.

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Additionally, the Court TERMINATES Defendant’s request to appear telephonically at the
August 3, 2017 hearing (Dkt. No. 39) as MOOT.
IT IS SO ORDERED.
Dated: July 27, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge