JOINT STIPULATION REGARDING AN EXTENSION OF TIME FOR PLAINTIFF TO FILE A MOTION TO STRIKE and ORDER [ proposed] THEREON

EDWARD M. CHEN, District Judge.

Plaintiff Jeanette Brown and Defendants Hanson Shopping Center, Victor Z. Hanson, Trustee, Martin Rodriguez, and Saprina Rodriguez (hereinafter "the Parties"), by and through their respective counsel, stipulate to the following:

Whereas, the instant matter is an Americans with Disabilities Act of 1990 access case with supplemental jurisdiction over state law claims for the alleged failure to remove architectural barriers at the subject Hanson Shopping Center and Ace Copy and Shipping Center (located at the subject shopping center), places of public accommodation; and,

Whereas, the Parties have a dispute as to whether the current affirmative defenses are sufficient as plead without the need for further facts to give Plaintiff notice of the basis of the defenses; and,

Whereas, the Parties have met and conferred over this issue; and,

Whereas, Defendants do not agree to waive said defenses at this time; and

Whereas, Plaintiff intends to move to strike the affirmative defenses as insufficiently plead; and

Whereas, the Parties do not wish to run afoul of the stay placed upon the case by General Order 56; therefore,

IT IS HEREBY STIPULATED by and between the Parties through their designated counsel that, should this case fail to settle at mediation, Plaintiff shall have the right to file his Motion to Strike Defendants' Affirmative Defenses. Said motion shall be filed no later than twenty-one (21) days after the mediation takes place.

IT IS SO STIPULATED.

ORDER [proposed]

Having considered the Stipulation, and for good cause shown, the Court hereby GRANTS the request. Plaintiff shall have up to twenty-one (21) days after mediation to file a Motion to Strike, if at all.

IT IS SO ORDERED.