J&J Sports Productions, Inc. v. Parayno

Filing 23

ORDER DENYING MOTION TO STRIKE AND DIRECTING DEFENDANT TO FILE AMENDED ANSWER. Signed by Judge Jeffrey S. White on 4/24/12. (jjoS, COURT STAFF) (Filed on 4/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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J&J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 11-05424 JSW
ORDER DENYING MOTION TO
STRIKE AND DIRECTING
DEFENDANT TO FILE
AMENDED ANSWER

v.
MICHAEL D. PARAYNO, individually and
d/b/a BERKELEY BIRDLAND JAZZ,

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Defendant.
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This matter is scheduled for a hearing on May 25, 2012, on Plaintiff’s Motion to Strike

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Defendant’s Answer. Defendant failed to file a response to the motion, and the Court issued an

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Order to Show Cause directing Defendant to show cause as to why the motion should not be

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granted. On March 26, 2012, having considered Defendant’s response, the Court discharged the

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Order to Show Cause, and directed Defendant to file an opposition to the motion to strike by no

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later than April 16, 2012. Defendant has not complied with that Order. The matter is now ripe

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for consideration, and the Court finds the motion suitable for disposition without oral argument.

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See N.D. Civ. L.R. 7-1(b). The Court VACATES the hearing scheduled for May 25, 2012, and

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it DENIES the motion to strike. For reasons set forth in the remainder of this Order, the Court

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also ORDERS Defendant to file an amended answer by no later than May 31, 2012.

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Plaintiff moves to strike Defendant’s answer on the ground that it fails to comply with

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Federal Rule of Civil Procedure 8(b). Pursuant to that rule, when a party responds to a

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pleading,
a party must: “(A) state in short and plain terms its defenses to each claim asserted against it;

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and (B) admit or deny the allegations asserted against it by an opposing party.” Fed. R. Civ. P.

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8(b)(1)(A)(B). In addition, if a party denies allegations, the “denial must fairly respond to the

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substance of the allegations.” Fed. R. Civ. P. 8(b)(2). “A party that intends in good faith to

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deny all the allegations of a pleading - including the jurisdictional grounds - may do so by a

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general denial.” Fed. R. Civ. P. 8(b)(3). However, if the party does not intend to deny all

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allegations, that party “must either specifically deny designated allegations or generally deny all

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except those specifically admitted.” Id. A party also may, in good faith, deny only part of an

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allegations, but in such a situation “must admit the part that is true and deny the rest.” Fed. R.

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Civ. P. 8(b)(4). “A party that lacks knowledge or information sufficient to form a belief about
the truth of an allegation must so state, and the statement has the effect of a denial.” Fed. R.

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For the Northern District of California

United States District Court

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Civ. P. 8(b)(5).

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Defendant has denied paragraphs 7, 12 through 17 of Plaintiff’s complaint. Thus, the

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Court cannot construe his answer has a general denial. He also does not specifically admit the

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truth of those allegations that he has not denied. It is clear, however, that Defendant intends to

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deny liability, and the Court must construe the pleadings “so as to do justice.” Fed. R. Civ. P.

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8(e). In addition, Defendant is proceeding pro se, and the Court is required to construe his

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pleadings liberally. Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995). That fact does not,

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however, excuse Defendant from adhering to the rules of procedure. Id.

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Because the Defendant has specifically denied at least some of Plaintiff’s allegations,

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and because he is proceeding pro se, the Court DENIES the motion to strike. However, the

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Court also places Defendant on notice that “[a]n allegation - other than one related to the

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amount of damages - is admitted if a responsive pleading is required and the allegation is not

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denied.” Fed. R. Civ. P. 8(b)(6). Accordingly, the Court ORDERS Defendant to file an

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amended answer that responds to the remaining allegations in Plaintiff’s complaint by no later

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than May 31, 2012. If Defendant fails to file an amended answer by that date, the Court shall

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deem the pleadings at issue, and Defendant shall proceed at his peril that Plaintiff may seek to

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have any allegations not denied deemed admitted under Rule 8(b)(6).

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The Court hereby advises Defendant that a Handbook for Pro Se Litigants, which is

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available through the Court’s website or in the Clerk’s office, contains helpful information

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about proceeding without an attorney. The Court also advises Defendant that he also may wish

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to seek assistance from the Legal Help Center. Defendant may call the Legal Help Center at

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415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, for

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a free appointment with an attorney who may be able to provide basic legal help, but not legal

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representation.

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IT IS SO ORDERED.
Dated: April 24, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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J&J SPORTS,

Case Number: CV11-05424 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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MICHAEL D. PARAYNO et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on April 24, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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18 Michael D. Parayno
1733 Sacramento Street
19 Berkeley, CA 94702
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21 Dated: April 24, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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6 J&J SPORTS,
Plaintiff,

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Case Number: CV11-05424 JSW
CERTIFICATE OF SERVICE

v.

9 MICHAEL D. PARAYNO et al,
Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on April 24, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
14 said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
15 delivery receptacle located in the Clerk's office.
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Michael D. Parayno
17 1733 Sacramento Street
Berkeley, CA 94702
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Dated: April 24, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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