L.F., et al v. City of Stockton, et al

Filing 17

ORDER signed by District Judge Kimberly J. Mueller on 10/23/2017 GRANTING Stipulation for Extension of Time 16 . (Andrews, P)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Mark E. Merin (State Bar No. 043849)
Paul H. Masuhara (State Bar No. 289805)

LAW OFFICE OF MARK E. MERIN
1010 F Street, Suite 300
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
Yolanda Huang (State Bar No. 104543)

LAW OFFICES OF YOLANDA HUANG
499 14th Street, Suite 300
Oakland, California 94612
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Plaintiffs
L.F. and K.F.
MAYALL, HURLEY, P.C.
A Professional Corporation
2453 Grand Canal Boulevard, Second Floor
Stockton, California 95207-8253
Telephone [phone]
MARK E. BERRY, ESQ.
CA State Bar No.155091

16
17
18

Attorneys for Defendants
CITY OF STOCKTON, STOCKTON POLICE
DEPARTMENT, ERIC T. JONES, and DAVID
WELLS

19

UNITED STATES DISTRICT COURT

20

EASTERN DISTRICT OF CALIFORNIA

21
22

L.F., et al.,

23
24
25
26
27
28

SACRAMENTO DIVISION
Case No. 2:17-cv-01648-KJM-DB
Plaintiffs,

vs.

STIPULATION FOR EXTENSION OF TIME
FOR FILING OF FED. R. CIV. P. 12(f)
MOTIONS; [PROPOSED] ORDER

CITY OF STOCKTON, et al.,
Defendants.
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
1
STIPULATION FOR EXTENSION OF TIME FOR FILING OF FED. R. CIV. P. 12(f) MOTIONS
L.F. v. City of Stockton, United States District Court, Eastern District of California, Case No. 2:17-cv-01648-KJM-DB

1
2

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.

3
4
5
6
7
8
9
10
11
12
13

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.

14
15
16
17
18
19
20

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.
Dated: October 20, 2017

21

/s/ Mark E. Merin

22

By: __________________________________
Mark E. Merin

23

Attorney for Plaintiffs

24
25
26
27
28

LAW OFFICE OF MARK E. MERIN

Dated: October 20, 2017

MAYALL, HURLEY, P.C.
/s/ Mark E. Berry
(as authorized on October 20, 2017)
By: __________________________________
Mark E. Berry
Attorney for Defendants
2

STIPULATION FOR EXTENSION OF TIME FOR FILING OF FED. R. CIV. P. 12(f) MOTIONS
L.F. v. City of Stockton, United States District Court, Eastern District of California, Case No. 2:17-cv-01648-KJM-DB

1
2
3
4
5
6
7

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.
Dated: October 23, 2017.

8
9

UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION FOR EXTENSION OF TIME FOR FILING OF FED. R. CIV. P. 12(f) MOTIONS
L.F. v. City of Stockton, United States District Court, Eastern District of California, Case No. 2:17-cv-01648-KJM-DB