UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 7, 2011
SARBJIT KANG DBA KANG CHEVRON 2; KANG PROPERTY, INC., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
Through the present motion, Plaintiff Larry Feezor seeks to amend his complaint, pursuant to Federal Rule of Civil Procedure 16(b), in order to ensure that its allegations pass muster under the standard recently articulated by an en banc panel of the Ninth Circuit in Chapman v. Pier 1 Imports (U.S.) Inc., 2001 WL 43709 at * 11-12 (9th Cir. Jan. 7, 2011). Defendants have filed no opposition to the motion.
Given Defendants' non-opposition to Plaintiff's Motion to Amend, and good cause appearing therefor, Plaintiff's Motion (ECF No. 24) is GRANTED.*fn1 Plaintiff has ten (10) days following the date of this Order to file his proposed Third Amended Complaint as attached to Plaintiff's Motion Defendants shall answer or otherwise respond to said Third Amended Complaint within ten (10) days after its filing and service.
IT IS SO ORDERED.