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J & J Sports Productions, Inc v. Martha Rubio

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 20, 2012

J & J SPORTS PRODUCTIONS, INC., PLAINTIFF,
v.
MARTHA RUBIO, ET AL., DEFENDANTS.

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

ORDER

Presently before the Court is a Motion to Strike Affirmative Defenses filed by Plaintiff J & J Sports Productions, Inc. ("Plaintiff").*fn1 This matter was originally set for hearing before this Court on its regular April 5, 2012, calendar, and any response Defendants intended to file was therefore due not later than March 22, 2012. See E.D. Cal. Local Rule 230(c). Defendants nonetheless failed to file either an opposition or statement of non-opposition as required by the Local Rules.

Accordingly, this Court now construes Defendants' failure to oppose Plaintiff's Motion as their consent to it being granted. Plaintiff's Motion to Strike (ECF No. 10) is thus GRANTED with leave to amend in its entirety. Not later than twenty (20) days following the date this Order is electronically filed, Defendants may (but are not required to) file an amended answer. If no amended answer is filed within said twenty (20)-day period, without further notice to the parties, the affirmative defenses stricken by virtue of this Order will be stricken without leave to amend.

IT IS SO ORDERED.


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