STIPULATION AND [ ] ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F)

RONALD M. WHYTE, 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 CITY OF CUPERTINO's Answer is August 29, 2014;

WHEREAS, plaintiff and defendant wish to avoid the time and expense of briefing an FRCP 12(f) motion until/unless mediation under General Order 56 does not succeed;

IT IS HEREBY STIPULATED by and among plaintiff and defendant 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 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 the parties, 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 CITY OF CUPERTINO 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 CITY OF CUPERTINO 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.