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Simon V. Garcia and Roy Van Kempen On Behalf of Themselves and All Others Similarly Situated. v. Gordon Trucking

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


December 21, 2011

SIMON V. GARCIA AND ROY VAN KEMPEN ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED. PLAINTIFFS,
v.
GORDON TRUCKING, INC., A CALIFORNIA CORPORATION, WHICH WILL TRANSACT BUSINESS IN CALIFORNIA AS L GORDON; STEVE GORDON, AN INDIVIDUAL; BOB GOLDBERG, AN INDIVIDUAL; AND DOES 1 THROUGH 20, INCLUSIVE,
DEFENDANTS.
CHRISTOPHER YANEZ AND EMMA YANEZ ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
GORDON TRUCKING, INC., A WASHINGTON CORPORATION, AND DOES 1 THROUGH 100, INCLUSIVE
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO FILE CORRECTED ANSWER Docket No. 128

On December 15, 2011, Defendants Gordon Trucking, Inc., Steve Gordon, and Bob Goldberg ("Defendants") filed a motion seeking to amend their Answer (Doc. 88) to correct a "scrivener's error." (Doc. 128.)

In Defendants' Answer (Doc. 88), to Plaintiffs' Consolidated Complaint (Doc. 72) the Sixth Affirmative Defense includes a citation to the "Interstate Commerce Termination Act of 1995, 49 U.S.C. § 14501(c)(1)." The citation in the Sixth Affirmative Defense should read "Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501(c)(1)." No opposition to Defendants' motion was filed.

Accordingly, IT IS HEREBY ORDERED that:

1. Defendants Motion for Leave to File Corrected Answer is GRANTED; and

2. Defendants shall file the corrected Answer attached as Exhibit A to their Motion for Leave to File Corrected Answer as required by Local Rule 220.

IT IS SO ORDERED.

DEAC_Signature-END:

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20111221

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