Perez v. Banana Republic, LLC

Filing 46

Order by Magistrate Judge Joseph C. Spero denying 40 Motion to Strike and vacating October 17, 2014 hearing.(jcslc2, COURT STAFF) (Filed on 10/10/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
NICK PEREZ,

7

Case No. 14-cv-01132-JCS

Plaintiff,
8
v.

ORDER DENYING MOTION TO
STRIKE

9
BANANA REPUBLIC, LLC,

10

Re: Dkt. No. 40

Defendant.

United States District Court
Northern District of California

11
This is a purported collective action under the Fair Labor Standards Act (“FLSA”), 29

12
13

U.S.C. §§ 206 and 207. Plaintiff Nick Perez moves to strike several affirmative defenses and a

14

prayer for attorneys’ fees from the Amended Answer (Dkt. 39) filed by Defendant Banana

15

Republic, LLC. See Pl.’s Mot. to Strike (Dkt. 40). Each of the affirmative defenses relates to

16

issues that will necessarily be litigated either for class certification or the merits of the case. The

17

Court therefore finds that striking these defenses would not in any way limit the “expenditure of

18

time and money that must arise from litigating” the case. Cf. Whittlestone, Inc. v. Handi-Craft

19

Co., 618 F.3d 970, 973 (9th Cir. 2010) (citation omitted). Nor has Plaintiff shown any prejudice

20

resulting from Defendant’s request for attorneys’ fees. Granting the Motion would be “an empty

21

formalism.” Hernandez v. Balakian, No. CV-F-06-1383 OWW/DLB, 2007 WL 1649911, at *9

22

(E.D. Cal. June 1, 2007). The Motion is DENIED, and the hearing is VACATED.1
IT IS SO ORDERED.

23
24

Dated: October 10, 2014
______________________________________
JOSEPH C. SPERO
United States Magistrate Judge

25
26
27
1

28

The parties have consented to the jurisdiction of the undersigned magistrate judge pursuant to 28
U.S.C. § 636(c).