De Amaral et al v. Goldsmith & Hull et al

Filing 54

ORDER by Judge Hamilton granting 49 Motion to Strike (pjhlc2, COURT STAFF) (Filed on 4/25/2013)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 MERVYN L. DE AMARAL, et al., 7 Plaintiffs, No. C 12-3580 PJH 8 v. 9 ORDER GRANTING MOTION TO STRIKE GOLDSMITH & HULL, et al., 11 For the Northern District of California United States District Court 10 Defendants. _______________________________/ 12 13 Plaintiffs’ motion to strike defendants’ affirmative defenses came on for hearing 14 before this court on April 24, 2013. Plaintiffs Mervyn De Amaral and Jody Lin De Amaral 15 (“plaintiffs”) appeared through their counsel, Fred Schwinn. Defendants Goldsmith & Hull 16 and Eric Scott Mintz (“defendants”) appeared through their counsel, Jack Hull. Having read 17 the papers filed in conjunction with the motion and carefully considered the arguments and 18 relevant legal authority, and good cause appearing, the court hereby GRANTS plaintiffs’ 19 motion to strike for the reasons stated at the hearing, and as follows. 20 As an initial matter, the court does not favor motions to strike, and agrees with 21 defendants that affirmative defenses need not be pled with great factual detail. However, in 22 this case, defendants have asserted twenty boilerplate affirmative defenses without any 23 regard to whether the defenses are applicable to plaintiffs’ claims, or whether they are 24 duplicative of each other, or whether they are even affirmative defenses at all. The court 25 further finds that, even though detailed factual allegations are not necessary, defendants 26 must provide at least some factual basis for their asserted defenses. For those reasons, 27 plaintiffs’ motion to strike is GRANTED, with leave to amend. Defendants shall have until 28 May 15, 2013 to file an amended answer, which shall include only non-duplicative defenses 1 that apply to a Fair Debt Collection Practices Act claim or a Rosenthal Fair Debt Collection 2 Practices claim, and which shall provide factual bases for any asserted defenses. 3 4 IT IS SO ORDERED. Dated: April 25, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?