Raul Barreto v. Kim Chang Nyun et al

Filing 15

STIPULATION AND ORDER re 14 STIPULATION WITH PROPOSED ORDER between plaintiff and defendants Kiman Moon and Jeung Sun Moon filed by Raul Barreto. Signed by Judge Jon S. Tigar on June 9, 2017. (wsn, COURT STAFF) (Filed on 6/9/2017)

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RICHARD MAC BRIDE, SB# 199695
Law Offices Richard Mac Bride
865 Marina Bay Parkway, Suite 43
RICHMOND, CA 94804
Phone [phone]
Fax [phone]
Attorney for Raul Barreto

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Raul Barreto, Plaintiff,

) Case Number 17-1483 JSC
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[PROPOSED]
) STIPULATION AND ___________ORDER
) TO EXTEND TIME UNDER F.R.C.P. 12(f)
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vs,
Kim Chang Nyun, et al., Defendants.

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TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO ALL PARTIES AND THEIR

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RESPECTIVE ATTORNEYS OF RECORD:

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WHEREAS, this case has been assigned for early disclosures and mediation under General
Order 56, and the parties to this stipulation want to make best efforts to settle this case without
unnecessary litigation; and
WHEREAS, Defendants Kiman Moon and Jeung Sun Moon (“Defendants”) filed their

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answer on June 1, 2017, and therefore Plaintiff’s deadline for filing a motion under FRCP 12(f) to
strike insufficient defenses from the answer of Kiman Moon and Jeung Sun Moon is June 22,
2017 (i.e. 21 days later); and

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WHEREAS, Plaintiff and Defendants have been unable to resolve their disagreements about

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Defendants’ answer informally, however, they wish to avoid the necessity of Plaintiff filing a Rule

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12(f) motion unless/until mediation pursuant to General Order No. 56, Paragraph 7 does not

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succeed;

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THEREFORE:
IT IS HEREBY STIPULATED by and among Plaintiff and defendants Kiman Moon and
Jeung Sun Moon, that the deadline for Plaintiff to file any motion with respect to the answer filed
by Kiman Moon and Jeung Sun Moon under Federal Rule of Civil Procedure 12(f) be extended to
___________________________________________________________________________________________________________
Stipulation to Extend Time under FRCP 12(f) - Case No. 17-1483 JCS
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21 days past the date that the mediator certifies that the mediation under General Order 56 has

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been completed. It is also stipulated that (1) Plaintiff and these defendants Kiman Moon and Jeung

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Sun Moon shall meet and confer within seven (7) days after the mediation has been certified as

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completed; (2) that these Defendants shall thereafter be allowed an opportunity to voluntarily
amend their answer prior to Plaintiff filing any rule 12(f) motion; (3) that any amended answer
shall be filed no later than seven (7) days after Plaintiff and defendants Kiiman Moon and Jeung
Sun Moon meet and confer.

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Law Offices of Richard A. Mac Bride
Richard Mac Bride /s/ Richard A. Mac Bride

Date: June 7, 2017

Attorney for Plaintiff Raul Barreto

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McNamara, Ney, Beatty et al.

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Nolan S. Armstrong /s/ Nolan S. Armstrong

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Attorney for defendants Kiman Moon and Jeung Sun Moon

Date: June 7, 2017

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FILER’S ATTESTATION

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Pursuant to General Order 45, Section X(B), I hereby attest that on June 7, 2017, I, Richard A. Mac

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Bride, the attorney of record for plaintiff herein, received the concurrence of attorney Nolan S.

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Armstrong, attorney for defendants Kiman Moon and Jeung Sun Moon, in the filing of this

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document.

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/s/ Richard A. Mac Bride

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Richard A. Mac Bride

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___________________________________________________________________________________________________________
Stipulation to Extend Time under FRCP 12(f) - Case No. 17-1483 JCS
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ORDER

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Pursuant to the stipulation of Plaintiff Raul Barreto and defendants Kiman Moon and Jeung Sun

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Moon, and for good cause shown, it is hereby ORDERED, that the deadline for plaintiff to file any

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motion under Federal Rule of Civil Procedure 12(f) be extended to 21 days past the date that the

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mediator certifies that mediation under General Order 56 has been completed. Plaintiff and

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defendants Kiman Moon and Jeung Sun Moon shall meet and confer within seven (7) days after the

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mediation has been certified as being completed. Kiman Moon and Jeung Sun Moon shall thereafter

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have an opportunity to voluntarily amend their answer prior to plaintiff filing any Rule 12(f) motion

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with respect to the answer filed by Kiman Moon and Jeung Sun Moon. Any amended answer shall

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be filed no later than seven (7) days after the parties meet and confer.

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IT IS SO ORDERED.

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Date: _________________, 2017
June 9, 2017

_____________________________________

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Joseph C. Spero

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United States Magistrate Judge

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Stipulation to Extend Time under FRCP 12(f) - Case No. 17-1483 JCS
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