Barrilleaux v. Mendicino County et al

Filing 66

ORDER re: 62 Plaintiff's motion to strike affirmative defenses. Briefing deadlines are suspended, and hearing date is vacated. Signed by Judge Thelton E. Henderson on 12/23/15. (tehlc3, COURT STAFF) (Filed on 12/23/2015)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

JESSICA BARRILLEAUX,
Plaintiff,

5
6
7
8

v.
MENDOCINO COUNTY, et al.,

Case No. 14-cv-01373-TEH
ORDER RE: PLAINTIFF’S MOTION
TO STRIKE AFFIRMATIVE
DEFENSES

Defendants.

9
10

At the December 7, 2015 case management conference, the Court ordered Plaintiff

United States District Court
Northern District of California

11

Jessica Barrilleaux to re-file her motion to strike affirmative defenses on or before

12

December 21, 2015. Barrilleaux filed her motion on December 18, 2015, making the

13

opposition due on January 4, 2016, and the reply due on January 11, 2016.

14

Also at the December 7, 2015 case management conference, the Court ordered the

15

parties to meet and confer regarding whether Barrilleaux should be allowed leave to amend

16

her complaint. The Court directed the parties to file a stipulation, or Barrilleaux to file a

17

motion for leave to amend if no agreement could be reached, by January 7, 2016. If

18

Barrilleaux files an amended complaint, then Defendants will need to file a new answer,

19

rendering moot the motion to strike affirmative defenses from the current answer.

20

Accordingly, to conserve the parties’ resources, the Court now suspends the

21

briefing deadlines and vacates the hearing on Barrilleaux’s motion to strike affirmative

22

defenses. A revised schedule will be set, as necessary, once it is determined whether

23

Barrilleaux will be filing an amended complaint.

24
25

IT IS SO ORDERED.

26
27
28

Dated: 12/23/15

_____________________________________
THELTON E. HENDERSON
United States District Judge