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Nou Lee, Bor Pha v. Yia Yang

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


January 30, 2013

NOU LEE, BOR PHA, PLAINTIFFS,
v.
YIA YANG, YIA YANG D.B.A. YIA'S AUTO SALES, YIA YANG D.B.A. PLATINUM FINANCIAL, YIA'S AUTO SALES, INC., GREAT AMERICAN INSURANCE COMPANY, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

ORDER STRIKING SECOND AMENDED COMPLAINT*fn1

Defendant Great American Insurance Company ("Great American") moves for an order that would dismiss Plaintiffs' Second Amended Complaint ("SAC") under Federal Rule of Civil Procedure ("Rule") 41(b) or, alternatively, that would strike any allegation in the SAC that relates to Great American under Rule 12(f). (ECF No. 36.) Great American argues the SAC should be dismissed since it was not filed within the leave period granted in a dismissal order, and Plaintiffs did not obtain Defendant's consent to file the SAC.

The record reveals Plaintiffs were without authority to file the Second Amended Complaint; therefore this complaint is stricken, and Defendant's motion is denied as moot.


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