Liu et al v. Win Woo Trading, LLC et al

Northern District of California, cand-4:2014-cv-02639

ORDER by Judge Kandis A. Westmore granting {{24}} Motion to Strike {{24}} MOTION to Strike {{9}} Answer to Amended Complaint. Defendants have 14 days to file an amended answer. (kawlc1, COURT STAFF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 KUANG XUAN LIU, et al., 7 Case No. 14-cv-02639-KAW Plaintiffs, 8 ORDER GRANTING PLAINTIFFS' v. MOTION TO STRIKE ANSWER 9 WIN WOO TRADING, LLC, et al., Dkt. No. 24 10 Defendants. 11 12 Northern District of California United States District Court 13 On August 29, 2014, Plaintiffs filed a motion to strike Defendants Safety Trucking LLC 14 and Jia Tun Zheng's affirmative defenses in their answer to Plaintiffs' first amended complaint. 15 (Dkt. No. 24.) Pursuant to Civil L.R. 7-3, a party has 14 days from the date of filing to file an 16 opposition to the motion. Under this Court's Standing Order, "[t]he failure of the opposing party 17 to file a memorandum of points and authorities in opposition to any motion shall constitute 18 consent to the granting of the motion." (Standing Order for Magistrate Judge Kandis A. Westmore 19 ¶ 22.) Defendants did not file an opposition. 20 Accordingly, the Court finds that this matter may be resolved without further briefing and 21 without oral argument pursuant to Civil Local Rule 7-1(b), and GRANTS Plaintiffs' motion to 22 strike Defendants' affirmative defenses as unopposed. Defendants shall file a first amended 23 answer which complies with Rule 8 and Iqbal-Twombly pleading standards within 14 days of this 24 order. Any affirmative defenses not asserted in the amended answer will be deemed waived. 25 IT IS SO ORDERED. 26 Dated: October 9, 2014 27 ______________________________________ KANDIS A. WESTMORE 28 United States Magistrate Judge