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Barton Properties, Inc., A California Corporaiton and Kentuck Oil LLC v. John Burse

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 3, 2012

BARTON PROPERTIES, INC., A CALIFORNIA CORPORAITON AND KENTUCK OIL LLC, A KENTUCKY LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
JOHN BURSE, AN INDIVIDUAL, JOHN ROBBINS, AN INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

[Dkt. No. 45]

Presently before the court is Plaintiffs' Motion for Leave to File Second Amended Complaint. Because Defendant has not filed an opposition, the court GRANTS the motion.

Central District of California Local Rule 7-9 requires an opposing party to file an opposition to any motion at least twenty-one (21) days prior to the date designated for hearing the motion. C.D. CAL. L.R. 7-9. Additionally, Local Rule 7-12 provides that "[t]he failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion." C.D. CAL. L.R. 7-12.

The hearing on Plaintiffs' motion was set for January 9, 2012. Defendant's opposition was therefore due by December 19, 2011. As of the date of this Order, Defendant has not filed an opposition, or any other filing that could be construed as a request for a continuance. Accordingly, the court deems Defendant's failure to oppose as consent to granting the motion for leave to file a second amended complaint, and GRANTS the motion. Plaintiffs shall file an amended complaint, in accordance with the Clerk's Office filing procedures, within fourteen days of the date of this order.

IT IS SO ORDERED.

20120103

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