STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER Fed.R.Civ.P. RULE 12(f)

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 ("Fed.R.Civ.P.") 12(f) regarding the Answer by defendant Canyon Lakes Golf Course and Brewery LLC ("Canyon Lakes") is December 27, 2017; and

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

IT IS HEREBY STIPULATED by and among the parties that the deadline for plaintiff to file any motion under Fed.R.Civ.P. 12(f) be extended to 21 days past the date the mediator certifies that mediation under General Order 56 has been completed, or when the Court orders that the parties are no longer under General Order 56, whichever occurs first (hereinafter "triggering event"). It is also stipulated that 1) the parties shall meet and confer within seven (7) days of the triggering event; 2) defendant Canyon Lakes shall thereafter be allowed an opportunity to voluntarily amend its answer prior to plaintiff filing any Fed.R.Civ.P. 12(f) motion and 3) that any amended answer shall be filed no later than seven (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 Fed.R.Civ.P. 12(f) be extended to 21 days past the date the mediator certifies that mediation under General Order 56 has been completed, or when the Court orders that the parties are no longer under General Order 56, whichever occurs first (hereinafter "triggering event"). It is also stipulated that 1) the parties shall meet and confer within seven (7) days of the triggering event; 2) defendant Canyon Lakes Golf Course and Brewery LLC shall thereafter be allowed an opportunity to voluntarily amend its answer prior to plaintiff filing any Fed.R.Civ.P. 12(f) motion; and 3) any amended answer shall be filed no later than seven (7) days after the parties meet and confer.

IT IS SO ORDERED.

SIGNATORY ATTESTATION

The e-filing attorney hereby attests that concurrence in the content of the foregoing document and authorization to file the foregoing document has been obtained from the other signatory indicated by a conformed signature (/s/) within the foregoing e-filed document.