Walter

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 CHARLES BATES, an individual, on CASE NO. 2:20-CV-00700-AWI-BAM behalf of himself and all members of the putative class

ORDER ON PLAINTIFF’S MOTION TO

Plaintiff SUBSTITUTE AND AMEND FIRST

AMENDED COMPLAINT

v.

LEPRINO FOODS COMPANY, a (Doc. No. 40) Colorado Corporation; LEPRINO FOODS DAIRY PRODUCTS COMPANY, a Colorado Corporation; and DOES 1–100, inclusive,

Defendants

14 Pending before the Court is Plaintiff Charles Bates’ Motion to Substitute Class Representative which seeks to amend the First Amended Complaint by substituting Fred Walter in for Bates as the putative class representative. Doc. No. 40.

19 1 Also pending before the Court is Defendants’ motion for leave to file a sur-reply in support of their opposition to Plaintiff’s motion to substitute. Doc. No. 48. Defendants claim Plaintiff’s Reply brief presents new arguments, i.e., an “argument relying on cases where a putative class member files a motion to intervene” and “an argument about the 20…