Filed: Aug. 18, 2014
Latest Update: Aug. 18, 2014
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F) LUCY H. KOH, District Judge. STIPULATION TO THE CLERK OF THE ABOVE ENTITLED COURT AND TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: WHEREAS, this case has been assigned for early disclosures and mediation under General Order 56; WHEREAS, plaintiff's deadline for filing a motion under Federal Rule of Civil Procedure ("FRCP") Rule 12(f) regarding defendant MGP IX REIT, LLC (erroneously sued as "MGP
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F) LUCY H. KOH, District Judge. STIPULATION TO THE CLERK OF THE ABOVE ENTITLED COURT AND TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: WHEREAS, this case has been assigned for early disclosures and mediation under General Order 56; WHEREAS, plaintiff's deadline for filing a motion under Federal Rule of Civil Procedure ("FRCP") Rule 12(f) regarding defendant MGP IX REIT, LLC (erroneously sued as "MGP ..
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F)
LUCY H. KOH, District Judge.
STIPULATION
TO THE CLERK OF THE ABOVE ENTITLED COURT AND TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
WHEREAS, this case has been assigned for early disclosures and mediation under General Order 56;
WHEREAS, plaintiff's deadline for filing a motion under Federal Rule of Civil Procedure ("FRCP") Rule 12(f) regarding defendant MGP IX REIT, LLC (erroneously sued as "MGP REIT IX, LLC") Answer is August 20, 2014;
WHEREAS, plaintiff and defendant MGP IX REIT, LLC wish to avoid the time and expense of briefing an FRCP 12(f) motion until/unless mediation under General Order 56 does not succeed;
WHEREAS, plaintiff and defendant MGP IX REIT, LLC presently disagree about the propriety of an FRCP 12(f) motion;
IT IS HEREBY STIPULATED by and among plaintiff and defendant MGP IX REIT, LLC that the deadline for plaintiff to file any motion under FRCP 12(f) be extended to 21 days past the date the mediator certifies that mediation under General Order 56 has been completed. It is also stipulated that 1) the parties shall meet and confer within 7 days after the mediation has been certified as completed; 2) that defendant MGP IX REIT, LLC shall thereafter be allowed an opportunity to voluntarily amend its answer prior to plaintiff filing any rule 12(f) motion; and 3) that any amended answer shall be filed no later than 7 days after the parties meet and confer.
IT IS SO STIPULATED.
ORDER
Pursuant to the stipulation of plaintiff and defendant MGP IX REIT, LLC, and for good cause shown, it is hereby ORDERED that the deadline for plaintiff to file any motion under Federal Rule of Civil Procedure 12(f) against defendant MGP IX REIT, LLC be extended to 21 days past the date the mediator certifies that mediation under General Order 56 has been completed. The parties shall meet and confer within 7 days after the mediation has been certified as completed. Defendant MGP IX REIT, LLC shall thereafter be allowed an opportunity to voluntarily amend its answer prior to plaintiff filing any FRCP 12(f) motion. Any amended answer shall be filed no later than 7 days after the parties meet and confer.
IT IS SO ORDERED.
