Free Order on Motion to Amend/Correct - District Court of California - California

Case 3:07-cv-02294-L-BLM

Document 32

Filed 06/10/2008

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1 2 3 4 5 6 7 8 9 10 11 12 v. 13 TECO DIAGNOSTICS, et al., 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On May 21, 2008, Defendants filed a Combined Motion to Modify Scheduling Order Deadlines and to Amend Answer to Second Amended Complaint. Doc. No. 28. A hearing date of June 23, 2008 at 10:30 a.m. ANTICANCER, INC., Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. 07cv2294-L (BLM) ORDER GRANTING DEFENDANTS' MOTION TO MODIFY SCHEDULING ORDER DEADLINE AND TO AMEND ANSWER TO SECOND AMENDED COMPLAINT [Doc. No. 28] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

was assigned, but the Court took the motion under submission pursuant to Civil Local Rule 7.1(d)(1). See Doc. No. 29.

On June 9, 2008, Plaintiff filed a statement of non-opposition to Defendants' motion to amend. In light of Doc. No. 30. lack of opposition, the good cause

Plaintiff's

demonstrated by Defendants (Fed. R. Civ. P. 16(b)(4)), and the Federal Rules' liberal policy in favor of granting leave to amend when justice so requires (Fed. R. Civ. P. 15(a)(2); Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003)), the Court hereby GRANTS

07cv2294-L (BLM)

Case 3:07-cv-02294-L-BLM

Document 32

Filed 06/10/2008

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Defendants' motion.

The Clerk's Office is hereby ORDERED to file the

proposed Amended Answer to Second Amended Complaint, attached as Exhibit B to the Declaration of Roger N. Behle, Jr. [Doc. No. 28-4], separately as the operative Answer in this case. IT IS SO ORDERED. DATED: June 10, 2008

BARBARA L. MAJOR United States Magistrate Judge

COPY TO: HONORABLE M. JAMES LORENZ U.S. DISTRICT JUDGE ALL COUNSEL

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07cv2294-L (BLM)