Gomez-Gasca v. Future Ag Management, Inc., 19-cv-02359-YGR. (2019)
Court: District Court, N.D. California
Number: infdco20190920810
Visitors: 5
Filed: Sep. 19, 2019
Latest Update: Sep. 19, 2019
Summary: ORDER GRANTING IN PART AND DENYING IN PART MOTION TO STRIKE Re: Dkt. No. 25 YVONNE GONZALEZ ROGERS , District Judge . On September 17, 2019, the Court heard oral argument on plaintiff's motion to strike defenses and deem facts admitted and/or strike defendant's answer in part, which was fully briefed. (Dkt. Nos. 25, 30, 31.) As stated on the record, and confirmed herein, having carefully considered the briefing and arguments submitted in this matter, the Court ORDERS as follows: 1. Para
Summary: ORDER GRANTING IN PART AND DENYING IN PART MOTION TO STRIKE Re: Dkt. No. 25 YVONNE GONZALEZ ROGERS , District Judge . On September 17, 2019, the Court heard oral argument on plaintiff's motion to strike defenses and deem facts admitted and/or strike defendant's answer in part, which was fully briefed. (Dkt. Nos. 25, 30, 31.) As stated on the record, and confirmed herein, having carefully considered the briefing and arguments submitted in this matter, the Court ORDERS as follows: 1. Parag..
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ORDER GRANTING IN PART AND DENYING IN PART MOTION TO STRIKE
Re: Dkt. No. 25
YVONNE GONZALEZ ROGERS, District Judge.
On September 17, 2019, the Court heard oral argument on plaintiff's motion to strike defenses and deem facts admitted and/or strike defendant's answer in part, which was fully briefed. (Dkt. Nos. 25, 30, 31.) As stated on the record, and confirmed herein, having carefully considered the briefing and arguments submitted in this matter, the Court ORDERS as follows:
1. Paragraphs 19-22 and 89-90 of defendant Camarillo Berry Farms, LLC's ("Camarillo") answer (Dkt. No. 15) are STRICKEN.
2. Plaintiff's motion to strike is DENIED with respect to Camarillo's fourth, nineteenth, and twentieth affirmative defenses.
3. Camarillo's eighth and eleventh affirmative defenses set are STRICKEN.
4. Plaintiff's motion to strike is DENIED with respect to Camarillo's seventeenth affirmative defense insofar as it applies to plaintiff's federal claims. To the extent the seventeenth affirmative defense applies to plaintiff's state law claims, it is STRICKEN.
5. Plaintiff's motion to strike is DENIED with respect to Camarillo's eighteenth affirmative defense insofar as it applies to plaintiff's Fair Labor Standards Act claim. To the extent the eighteenth affirmative defense applies to plaintiff's claims brought under the California Labor Code and California Business and Professions Code section 17200 et seq., it is STRICKEN.
Plaintiff shall file an amended complaint no later than October 10, 2019. Camarillo shall file its answer, which must incorporate the Court's order as stated herein, no later than October 18, 2019.
This Order terminates Dkt. No. 25.
IT IS SO ORDERED.
Source: Leagle
