Operating Engineers Health And Welfare Trust Fund For Northern California v. Wimmer Excavating, Inc.

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 OPERATING ENGINEERS HEALTH Case No. 19-cv-06840-MMC

AND WELFARE TRUST FUND FOR

8 NORTHERN CALIFORNIA, et al., ORDER DENYING PLAINTIFFS' 9 Plaintiffs, MOTION FOR LEAVE TO FILE FIRST

AMENDED COMPLAINT; VACATING

10 v. HEARING

11 WIMMER EXCAVATING, INC., a California corporation, and TERRANCE

12 WIMMER, an individual, Defendants. 13

14 Before the Court is plaintiffs'1 Motion, filed October 16, 2020, "for Leave to File 15 First Amended Complaint." Defendants Wimmer Excavating, Inc. ("Wimmer Excavating") 16 and Terrance Wayne Wimmer have filed opposition, to which plaintiffs have replied. 17 Having read and considered the papers filed in support of and in opposition to the motion, 18 the Court deems the matter suitable for determination on the parties' respective written 19 submissions, VACATES the hearing scheduled for November 20, 2020, and rules as 20 follows. 21 In their complaint, plaintiffs allege defendants "have failed and refuse to…