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)

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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

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