Brown v. Family Radio Inc. et al

Filing 56

ORDER by Judge Vince Chhabria granting 53 Motion to Strike (knm, COURT STAFF) (Filed on 11/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LIZZIE E. BROWN,

Case No. 13-cv-05305-VC

Plaintiff,
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v.

ORDER GRANTING MOTION TO
STRIKE

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FAMILY STATIONS, INC.,

Re: Dkt. No. 53

Defendant.

United States District Court
Northern District of California

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Plaintiff Lizzie Brown has filed a motion to strike Defendant Family Stations' twenty-three

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affirmative defenses. Because Family Stations has alleged no facts in support of its affirmative

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defenses, the motion to strike is granted.

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There is some dispute between the parties about the proper pleading standard for

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affirmative defenses under Rule 8 of the Federal Rules of Civil Procedure. While the Court is

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inclined to hold that the heightened pleading standards of Iqbal and Twombly are applicable for

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affirmative defenses, in this case it need not address that issue, because Family Stations has pled

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no facts at all. Rather, each of the twenty-three affirmative defenses are mere recitations of

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boilerplate language, so regardless of what pleading standard applies, Family Stations has not met

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it. Accordingly, Brown's motion to strike is granted with leave to amend.

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Further, the Court notes that some of Family Stations' alleged affirmative defenses are not

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actually affirmative defenses, but rather are attempts to point out defects in Brown's prima facie

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case. See Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1088 (9th Cir. 2002) ("A defense which

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demonstrates that plaintiff has not met its burden of proof is not an affirmative defense."). Others

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appear to be wholly inapplicable to FEHA or Title VII. Family Stations is on notice that if it files

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an amended answer with affirmative defenses it should ensure both that they are genuinely

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affirmative defenses and not specific denials, and that they are applicable affirmative defenses

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against Brown's claims under FEHA and Title VII.

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The motion to strike is granted, with leave to amend, and the hearing set for November 13,
2014 is vacated.

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IT IS SO ORDERED.
Dated: November 6, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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