United States District Court, S.D. California
ORDER (1) GRANTING MOTION FOR LEAVE TO FILE AMENDED ANSWER TO FIFTH AMENDED COMPLAINT; (2) DENYING AS MOOT MOTION TO STRIKE PORTIONS OF AMENDED SUPPLEMENTAL FOURTH AMENDED ANSWER; (3) GRANTING MOTION TO DISMISS; (4) GRANTING APPLICATION FOR DEFAULT JUDGMENT; AND, (5) DECLINING TO IMPOSE SANCTIONS (ECF NOS. 280, 282, 283,
JANIS L. SAMMARTINO, District Judge.
Presently before the Court are the Named Guarantors and Dealer Defendants' Motion for Leave to File Amended Answer to Fifth Amended Complaint, (ECF No. 309), Plaintiff BP West Coast Products, LLC's ("BPWCP") Motion to Strike Portions of Named Guarantors and Dealer Defendants' Amended Supplemental Fourth Amended Answer [Fed R. Civ. P. 12(F)] and Request for Sanctions, (ECF No. 282), BPWCP's Motion to Dismiss and Request for Sanctions, (ECF No. 280), and BPWCP's Application for Default Judgment as Against Defendants Cohen's Gasoline, Inc., Matt Cohen, and Jennifer Cohen. (ECF No. 283.) Having reviewed the parties' arguments the law, the Court:
(1) GRANTS the Dealer Defendants' motion for leave to file an amended answer,
(2) DENIES AS MOOT BPWCP's motion to strike portions of the Dealer Defendants' superseded pleading,
(3) GRANTS BPWCP's unopposed motion to dismiss Defendant Ambartsumyan Corporation's ("Ambartsumyan") counterclaims,
(4) GRANTS BPWCP's application for default judgment, and
(5) DECLINES to impose sanctions on parties or counsel at this time. MOTION FOR LEAVE TO FILE AMENDED ANSWER
The Dealer Defendants move for leave to file an amended answer to BPWCP's Fifth Amended Complaint. (ECF No. 309.) BPWCP filed a notice with the Court indicating that it does not oppose the Dealer Defendants' motion. (ECF No. 311.) Accordingly, the Court GRANTS the motion. The Clerk of the Court shall file the amended pleading, which is attached as Exhibit 1 to the Dealer Defendants' motion, as a separate entry on the docket.
In light of the Dealer Defendants' filing of an amended answer, BPWCP's motion to strike portions of the Dealer Defendants' prior pleading is MOOT. Accordingly, the Court DENIES BPWCP's motion. (ECF No. 280.)
MOTION TO DISMISS
BPWCP moves to dismiss Ambartsumyan's counterclaims. (ECF No. 282.) Ambartsumyan filed no opposition to BPWCP's motion. Accordingly, the Court GRANTS BPWCP's motion to dismiss. See CivLR 7.1(f)(3)(c). In light of the pleading defects identified in the motion, the dismissal is WITH PREJUDICE.
MOTION FOR DEFAULT ...