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Nickles v. Union Pacific Railroad Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 26, 2010

JEFF NICKLES, PLAINTIFF,
v.
UNION PACIFIC RAILROAD COMPANY, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

This action, brought on behalf of Plaintiff Jeff Nickles, seeks damages for injuries sustained by Mr. Nickles as a result of a railroad accident that occurred on November 9, 2006. Presently before the Court is a Motion for Leave to File Second Amended Complaint. That Motion is made in the wake of Mr. Nickles' death on January 13, 2010 and seeks to amend the pleadings to reflect the fact that this lawsuit is now being pursued by Jeff Nickles II as Administrator of Mr. Nickles' Estate.

On April 8, 2010, Defendant Union Pacific Railroad Company filed a Statement of Non-Opposition to Plaintiff's Motion. Given that non-opposition, and good cause appearing therefor, Plaintiffs' Motion for Leave to File Second Amended Complaint is GRANTED.*fn1 Plaintiffs are directed to file and serve their proposed Second Amended Complaint not more than thirty (30) days after this Order is electronically filed.

IT IS SO ORDERED.


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