Gutierrez

Gutierrez v. Helena Agri-Enterprises, LLC

Good Law
United States District Court, Eastern District of CaliforniaJanuary 16, 20241:23-cv-01369California1,184 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SANTOS GUTIERREZ and BLANCA Case No. 1:23-cv-01369-JLT-HBK

MARTINEZ,

ORDER STRIKING PLAINTIFFS’ Plaintiffs, PLEADING WITHOUT PREJUDICE1 13 v. (Doc. No. 10)

HELENA AGRI-ENTERPRISES, LLC,

15 Defendant. 16 17 Pending before the Court is Plaintiffs’ filing entitled “Doe Amendment to Complaint” which the Court construes as a purported first amended complaint. (Doc. No. 10, “FAC”). In response to Plaintiff’s filing, Defendant filed “Objections” asserting that Plaintiffs’ FAC is procedurally improper because it fails to comply with Federal Rule of Civil Procedure 15 and Local Rule 220. (See Doc. No. 12). For the reasons discussed below, the Court strikes the purported FAC without prejudice as procedurally improper. PROCEDURAL HISTORY Plaintiff initiated this action in Fresno County Superior Court on April 20, 2023, alleging claims against Defendant Helena Agri-Enterprises, LLC and Does 1-50. (Doc. No. 2 at…

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