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Robert Kalani v. Leone B. Wiebe

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 11, 2013

ROBERT KALANI, PLAINTIFF,
v.
LEONE B. WIEBE, TRUSTEE OF THE LEONE B. WIEBE FAMILY TRUST DATED JUNE 13, 1990; HOLLYWOOD CAFE LODI, A CALIFORNIA CORPORATION DBA HOLLYWOOD FAMILY CAFE, DEFENDANTS.

ORDER

This matter came before the court on January 11, 2013, for hearing of plaintiff's motion to strike. (Doc. No. 22.) Randy Moore, Esq. appeared telephonically on behalf of the plaintiff. No appearance was made by or on behalf of defendant Leone Wiebe nor was an appearance was made on behalf of the Hollywood Cafe Lodi.

Upon consideration of the arguments on file and made at the hearing, and for the reasons set forth in detail on the record, IT IS HEREBY ORDERED that:

1. Plaintiff's December 6, 2012 motion to strike (Doc. No. 22) is granted;

2. The Clerk of the Court is directed to strike the document filed May 10, 2012*fn1 (Doc. No. 9) which was erroneously characterized as an answer upon filing; and

3. Within twenty-one (21) days of the date of service of this order defendants shall both file responsive pleadings that comply with the Federal Rules of Civil Procedure and the Local Rules of Practice.*fn2


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