Barrilleaux v. Mendicino County et al
Filing
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ORDER denying 27 Plaintiff's motion to strike affirmative defenses and ORDER requiring declarations re: General Order 56. Declarations and, if appropriate, stipulation and proposed order due by 09/29/14. Signed by Judge Thelton E. Henderson on 09/17/14. (tehlc3, COURT STAFF) (Filed on 9/17/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JESSICA BARRILLEAUX,
Plaintiff,
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v.
MENDOCINO COUNTY, et al.,
Defendants.
Case No. 14-cv-01373-TEH
ORDER DENYING PLAINTIFF’S
MOTION TO STRIKE AFFIRMATIVE
DEFENSES AND ORDER REQUIRING
DECLARATIONS RE: GENERAL
ORDER 56
United States District Court
Northern District of California
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This matter comes before the Court on Plaintiff Jessica Barrilleaux’s motion to
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strike affirmative defenses from the answer filed by Defendants Superior Court of
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California, Mendocino County; and Judicial Council of California, Administrative Office
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of the Courts. The Court finds this matter suitable for resolution without oral argument
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and hereby VACATES the October 6, 2014 motion hearing.
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Plaintiff’s motion appears to have some merit, as “every judge in this district to
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have taken up the issue has concluded that [Ashcroft v. Iqbal, 556 U.S. 662 (2009), and
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Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)] apply to the pleading of affirmative
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defenses,” Hernandez v. Dutch Goose, Inc., Case No. C13-3537 LB, 2013 WL 5781476, at
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*4 n.2 (N.D. Cal. Oct. 25, 2013) (citing cases from nineteen different judges, including this
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Court), and the challenged affirmative defenses do not appear to meet the relevant
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standard. However, the Court finds it premature to rule on Plaintiff’s motion given the
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stage of these proceedings and the applicability of Northern District of California General
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Order 56 to this case. As another judge in this district recently explained:
Requiring Defendants to re-plead their affirmative defenses
now will not further the resolution of Plaintiff’s claims, nor
does it impede Plaintiff’s ability to prosecute [her] case.
Northern District of California General Order 56 sets in place
expedited deadlines and procedures for the resolution of
Americans with Disabilities Act access litigation. Paragraph 2
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of General Order 56 pertains to the parties’ Rule 26 initial
disclosures: should a defendant intend to dispute liability,
he/she is required to provide all information in his/her control
relating to that defense by a particular date. Requiring
Defendants to re-plead their affirmative defenses at this
juncture will [serve] only to embroil the parties and this Court
in needless motion practice, which General Order 56 was
designed to avoid.
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Rodgers v. Claim Jumper Rest., LLC, Case No. 13-CV-5496 YGR, 2014 WL 1760959, at
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*2 (N.D. Cal. May 1, 2014). This Court fully agrees. Plaintiff’s motion is therefore
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DENIED without prejudice to re-filing if the parties are unable to settle this case on their
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own or through mediation.
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In addition, although Plaintiff refers to General Order 56 in her motion papers, it is
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unclear whether the parties have fully complied with the order’s requirements and the
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United States District Court
Northern District of California
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related scheduling deadlines set forth in the March 26, 2014 scheduling order (“Scheduling
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Order”). Under the Scheduling Order, the parties were to have completed a joint site
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inspection no later than July 8, 2014, with initial disclosures due seven days prior, and
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have met and conferred in person to discuss settlement within 28 business days thereafter.
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Plaintiff was required to file a notice of need for mediation within 42 days of the joint site
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inspection, or August 19, 2014, if the parties were unable to resolve the matter. No such
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filing has been received, and it is possible that the parties have failed to comply with any
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of the provisions of General Order 56 and the Scheduling Order.
Accordingly, the parties are ordered to file, on or before September 29, 2014,
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declarations affirming that they have read and understood the provisions of General Order
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56 and the Scheduling Order, and discussing whether they have complied with any of
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those provisions. If they have not complied with all provisions, then the parties shall, by
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the same date, submit a stipulation and proposed order – or separate statements to the
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Court if agreement cannot be reached – with new dates to comply with each missed
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deadline contained in the Scheduling Order. The Court opts not to impose any sanctions at
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this time but may do so for any future violations.
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IT IS SO ORDERED.
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Dated: 09/17/14
_____________________________________
THELTON E. HENDERSON
United States District Judge
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United States District Court
Northern District of California
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