Filed: Aug. 11, 2016
Latest Update: Aug. 11, 2016
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F) AS TO DEFENDANT SUR LA TABLE, INC.'S ANSWER Civil Rights KANDIS A. WESTMORE , Magistrate 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") R
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F) AS TO DEFENDANT SUR LA TABLE, INC.'S ANSWER Civil Rights KANDIS A. WESTMORE , Magistrate 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") Ru..
More
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F) AS TO DEFENDANT SUR LA TABLE, INC.'S ANSWER
Civil Rights
KANDIS A. WESTMORE, Magistrate 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) to strike all or part of the Answer of Defendant SUR LA TABLE, INC. is August 11, 2016;
WHEREAS, Plaintiff and Defendant have met and conferred regarding the alleged deficiencies raised by Plaintiff and which Defendant disputes in Defendant SUR LA TABLE, INC.'s Answer and Affirmative Defenses;
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:
1. If the case does not settle at mediation under General Order 56, Plaintiff retains the right to file a motion under FRCP 12(f) as follows:
a. the parties shall meet and confer about amending the Answer within 7 days after the mediation has been certified as completed;
b. that Defendant shall thereafter be allowed an opportunity to voluntarily amend its Answer prior to Plaintiff filing any Rule 12(f) motion;
c. Any amended answer by Defendant shall be filed no later than 21 days after the mediation has been certified and completed; and
d. Plaintiff may thereafter file his 12(f) motion no later than 42 days from the time mediation is certified as completed.
IT IS SO STIPULATED.
ORDER
Pursuant to the stipulation of the parties, and for good cause shown, it is hereby ORDERED that:
The parties shall meet and confer within 7 days after the mediator certifies that mediation under General Order 56 has been completed. Defendant SUR LA TABLE, INC. 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 21 days after the mediation has been certified and completed. Plaintiff may thereafter file his motion no later than 42 days from the date mediation is certified and completed.
IT IS SO ORDERED.
FILER'S ATTESTATION
Pursuant to Civil Local Rule 5-1, I hereby attest that on August 11, 2016, I, Steven L. Derby, attorney with The Derby Law Firm, P.C., received the concurrence of Daniel W. Fox in the filing of this document.
