Opinion
Civil Action No. 09-cv-00784-RPM.
January 26, 2010
ORDER FOR FILING SECOND AMENDED COMPLAINT
On January 4, 2010, the plaintiff filed a motion to amend the complaint and modify the scheduling order and tendered a second amended complaint. The plaintiffs seek to add Berich Masonry, Inc., as an additional party as an alter ego of Dan Berich, Inc., and therefore liable for its withdrawal liability under ERISA. The defendants filed their opposition to that motion on January 25, 2010. Upon reviewing these papers and the exhibits attached, it is
ORDERED that the plaintiffs' motion to amend is granted and the Second Amended Complaint is filed. It is
FURTHER ORDERED that no time will be set for the filing of dispositive motions because it is apparent that there are many factual disputes which can only be resolved by trial.