McIver v. Pacific Carmel Mountain Holdings, LP et al

Filing 91

ORDER granting 85 Motion to Amend/Correct Amended Pleadings due by 4/22/2011.The hearing on calendar for 4/25/2011 is vacated. Signed by Judge Larry Alan Burns on 4/18/11. (rlu)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LARRY McIVER,

CASE NO. 09CV1975-LAB (AJB)

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Plaintiff,

ORDER GRANTING LEAVE TO
AMEND COMPLAINT; AND

vs.
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ORDER VACATING HEARING
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PACIFIC CARMEL MOUNTAIN
HOLDINGS, LP, et al.
Defendants.

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On March 2, Plaintiff moved for leave to amend his complaint to include elements

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required by Chapman v. Pier 1 Imports (U.S.), Inc., 631 F.3d 939 (9th Cir. 2011). This

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motion was set for hearing on Monday, April 25, 2011. Under Civil Local rule 7.1(e)(2), the

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oppositions of the two remaining Defendants, Sears, Roebuck & Co., and Costco Wholesale

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Corporation, were therefore due no later than Monday, April 11, 2011.

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On March 29, Sears filed a notice of non-opposition. Costco filed no opposition or

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notice of non-opposition, though a joint motion to which it was a signatory suggested that

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amendment was expected. (Joint Mot. to Continue Pretrial Deadlines, Docket no. 87, at

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2:22–26.) Under Civil Local Rule 7.1(e)(3)(c), failure to file an opposition as required under

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Rule7.1(e)(2) may constitute consent to the granting of the motion. The Court so construes

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///

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09CV1975

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Costco’s failure to oppose the motion, which is therefore GRANTED. No later than April 22,

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2011, Plaintiff shall file his amended complaint.

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The hearing on calendar for Monday, April 25 is VACATED.

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IT IS SO ORDERED.

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DATED: April 18, 2011

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HONORABLE LARRY ALAN BURNS
United States District Judge

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09CV1975