Durham v. Sachs Electric Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 WILLIAM DURHAM, et al., Case No. 18-cv-04506-BLF

Plaintiffs,

ORDER DENYING MOTION FOR

v. JUDGMENT ON THE PLEADINGS

WITHOUT PREJUDICE TO FILING

SACHS ELECTRIC COMPANY, et al., MOTION FOR SUMMARY

JUDGMENT

Defendants.

13 On February 26, 2021, Defendant Sachs Electric Company filed a motion for judgment on 14 the pleadings pursuant to Federal Rule of Civil Procedure 12(c). ECF 91. A Rule 12(c) motion 15 challenges the legal sufficiency of the opposing party's pleadings and operates in much the same 16 manner as a motion to dismiss under Rule 12(b)(6). Irish Lesbian and Gay Org. v. Giuliani, 143 17 F.3d 638, 644 (2nd Cir. 1998). Judgment on the pleadings is appropriate if, assuming the truth of all 18 materials facts pled in the complaint, the moving party is nonetheless entitled to judgment as a matter 19 of law. Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc.,896 F.2d 1542, 1550 (9th Cir.1989). 20 Upon reviewing…