Vanwagenen v. Nelson & Kennard et al

Filing 16

ORDER by Judge Yvonne Gonzalez RogersGRANTING 13 MOTION TO STRIKE AFFIRMATIVE DEFENSES. (ndr, COURT STAFF) (Filed on 1/4/2013)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

PEGGY A. VANWAGENEN,

7

Plaintiff,

Case No.: 12-cv-04736-YGR
ORDER GRANTING MOTION TO STRIKE
AFFIRMATIVE DEFENSES

8
9
10

United States District Court
Northern District of California

11
12

vs.
NELSON & KENNARD and ROBERT
SCOTT KENNARD, individually and in his
official capacity,
Defendants.

13
14

Plaintiff filed a Motion to Strike Affirmative Defenses on December 4, 2012. (Dkt. No.

15

13.) Defendants’ opposition was due on December 18, 2012. Civ. L.R. 7-3(a). No opposition was

16

filed. Plaintiff filed a Statement of No Opposition Received to Motion to Strike Affirmative

17

Defenses on January 4, 2013. (Dkt. No. 15.) The hearing is scheduled for January 15, 2013.

18

Because of Defendants’ failure to timely oppose the Motion to Strike Affirmative Defenses,

19

and good cause appearing, the Court GRANTS Plaintiff’s Motion to Strike. All of Defendants’

20

affirmative defenses contained in their Answer (Dkt. No. 12) are hereby STRICKEN. Any attempt

21

to re-assert any of the stricken affirmative defenses must be done by way of noticed motion in

22

compliance with the Civil Local Rules.

23
24
25

The hearing scheduled for January 15, 2013 is hereby VACATED. This Order terminates
Dkt. No. 13.
IT IS SO ORDERED.

26
27
28

Dated: January 4, 2013

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE