Filed: Oct. 23, 2017
Latest Update: Oct. 23, 2017
Summary: STIPULATION FOR EXTENSION OF TIME FOR FILING OF FED. R. CIV. P. 12(f) MOTIONS; [PROPOSED] ORDER KIMBERLY J. MUELLER , District Judge . Pursuant to E.D. Cal. L.R. 143 and 144, the parties, Plaintiffs L.F. and K.F. (collectively, "Plaintiffs") and Defendants City of Stockton, Stockton Police Department, Eric T. Jones, and David Wells (collectively, "Defendants"), stipulate to a 7-day extension of time for the filing of Fed. R. Civ. P. 12(f) motions in relation to Defendants' responsive pleadi
Summary: STIPULATION FOR EXTENSION OF TIME FOR FILING OF FED. R. CIV. P. 12(f) MOTIONS; [PROPOSED] ORDER KIMBERLY J. MUELLER , District Judge . Pursuant to E.D. Cal. L.R. 143 and 144, the parties, Plaintiffs L.F. and K.F. (collectively, "Plaintiffs") and Defendants City of Stockton, Stockton Police Department, Eric T. Jones, and David Wells (collectively, "Defendants"), stipulate to a 7-day extension of time for the filing of Fed. R. Civ. P. 12(f) motions in relation to Defendants' responsive pleadin..
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STIPULATION FOR EXTENSION OF TIME FOR FILING OF FED. R. CIV. P. 12(f) MOTIONS; [PROPOSED] ORDER
KIMBERLY J. MUELLER, District Judge.
Pursuant to E.D. Cal. L.R. 143 and 144, the parties, Plaintiffs L.F. and K.F. (collectively, "Plaintiffs") and Defendants City of Stockton, Stockton Police Department, Eric T. Jones, and David Wells (collectively, "Defendants"), stipulate to a 7-day extension of time for the filing of Fed. R. Civ. P. 12(f) motions in relation to Defendants' responsive pleadings, ECF Nos. 13, 14, and 15.
STATEMENT OF RELEVANT FACTS
On September 29, 2017, Defendants filed their currently-operative First Amended Answers. See ECF Nos. 13, 14, and 15. Plaintiffs sought from Defendants the withdrawal or amendment of the affirmative defenses alleged therein, pursuant to Fed. R. Civ. P. 12(f). A party is obligated to file a Fed. R. Civ. P. 12(f) motion "within 21 days after being served with the pleading" to be challenged. See Fed. R. Civ. P. 12(f)(2). Accordingly, by regular operation of the Rule, Plaintiffs must file Fed. R. Civ. P. 12(f) motions to strike the affirmative defenses from Defendants' pleadings by October 20, 2017.
Pursuant to the Court's Order, ECF No. 3-1 at 3:13-22, the parties' counsel have engaged in extensive meet and confer efforts, including written correspondences and a telephonic conference, concerning the affirmative defenses alleged in Defendants' currently-operative First Amended Answers. Those efforts remain ongoing, as of this date.
STIPULATION
The parties hereby stipulate that Plaintiffs shall receive a 7-day extension of time to file Fed. R. Civ. P. 12(f) motions to strike the affirmative defenses alleged in Defendants' currently-operative First Amended Answers, ECF Nos. 13, 14, and 15. By application of this extension, Plaintiffs shall file their Fed. R. Civ. P. 12(f) motions by October 27, 2017.
IT IS SO STIPULATED.
ORDER
The parties stipulate that Plaintiffs shall receive a 7-day extension of time to file Fed. R. Civ. P. 12(f) motions to strike the affirmative defenses alleged in Defendants' currently-operative First Amended Answers, ECF Nos. 13, 14, and 15. By application of this extension, Plaintiffs shall file their Fed. R. Civ. P. 12(f) motions by October 27, 2017.
IT IS SO ORDERED.
