Castillo-Antonio v. Salameh

Filing 15

STIPULATION AND ORDER to Extend Time Under F.R.C.P. 12(f) re 14 Stipulation. Signed by Judge Sallie Kim on 9/18/2018. (tlhS, COURT STAFF) (Filed on 9/18/2018)

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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 Jose Daniel Castillo-Antonio

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Jose Daniel Castillo-Antonio, Plaintiff,

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) Case Number 18-3267 SK
)
)
) STIPULATION AND ORDER TO EXTEND
) TIME UNDER F.R.C.P. 12(f)
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vs,
Reyad Jeries Salameh, 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:
WHEREAS, this case has been assigned for early disclosures and mediation under General

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Order 56 of the Northern District, and the parties to this stipulation want to make best efforts to
settle this case without litigation; and
WHEREAS, defendant Reyad Jeries Salameh filed his answer on August 8, 2018 (Docket

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#8), and plaintiff filed a motion to strike on August 29, 2018 (Docket #9, presently set for hearing
on October 15, 2018 at 9:30 am); and

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WHEREAS, defendant Reyad Jeries Salameh filed an amended answer on September 7,
2018 (Docket #10); and

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WHEREAS, plaintiff believes that the amended answer suffers from some of the same

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defects as the original answer, to wit, (1) that some of the purported affirmative defenses do not

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constitute affirmative defenses, and (2) that none of the purported affirmative defenses contain any

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underlying detail or facts, but consist only of a bare statement of legal doctrines; and
WHEREAS, plaintiff’s deadline for filing a motion under FRCP 12(f) to strike insufficient

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defenses from the amended answer is September 28, 2018 (i. e. 21 days after September 7, 2018);
and
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Stipulation to Extend Time under FRCP 12(f) - Case No. 18-3267 SK
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WHEREAS, plaintiff and defendant are moving the case forward in accordance with

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General Order No. 56 (the site inspection was held on September 12, 2018), and they are in active

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discussions, trying to resolve their disagreements about defendant’s amended answer informally

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and to settle the case, and they wish to avoid the necessity of Plaintiff filing a Rule 12(f) motion
before September 28, 2018;
THEREFORE:
IT IS HEREBY STIPULATED by and among plaintiff and defendant Reyad Jeries Salameh
that the deadline for plaintiff to file any motion with respect to the amended answer (Docket #10)
under Federal Rule of Civil Procedure 12(f) be extended to October 15, 2018.

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Law Offices of Richard A. Mac Bride

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Richard Mac Bride /s/ Richard A. Mac Bride

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Date: September 14, 2018

Attorney for Plaintiff

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Law Offices of Roni Rotholz

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Roni Rotholz /s/ Roni Rotholz

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Attorney for defendant Reyad Jeries Salameh

Date: September 14, 2018

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FILER’S ATTESTATION

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Pursuant to General Order 45, Section X(B), I hereby attest that on September 14, 2018, I, Richard

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A. Mac Bride, the attorney of record for plaintiff herein, received the concurrence of attorney

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Rotholz, attorney for defendant Reyad Jeries Salameh, in the filing of this 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. 18-3267 SK
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ORDER

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In the case of Jose Daniel Castillo-Antonio v. Reyad Jeries Salameh et al., 18-3267-SK, pursuant to

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the stipulation of plaintiff and defendant Reyad Jeries Salameh, and for good cause shown, it is

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hereby ORDERED, that the deadline for plaintiff to file any motion under Federal Rule of Civil

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Procedure 12(f) with respect to the amended answer of defendant Reyad Jeries Salameh (Docket

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#10) is hereby reset to October 15, 2018.

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IT IS SO ORDERED.

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Date: September 18, 2018

_____________________________________
Sallie Kim
United States Magistrate Judge

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Stipulation to Extend Time under FRCP 12(f) - Case No. 18-3267 SK
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