Nevarez et al v. Canyon Lakes Golf Course & Brewery LLC et al

Filing 25

STIPULATION AND ORDER TO EXTEND re 24 STIPULATION WITH PROPOSED ORDER to Extend Time Under FRCP Rule 12(f) filed by Priscilla Nevarez, Canyon Lakes Golf Course & Brewery LLC, Abdul Nevarez. Signed by Magistrate Judge Kandis A. Westmore on 1/4/18. (sisS, COURT STAFF) (Filed on 1/4/2018)

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Catherine Cabalo (CA Bar No. 248198)
Peiffer Rosca Wolf Abdullah Carr & Kane
4 Embarcadero Center, 14th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.402.0058
Email: [e-mail]
Attorneys for Plaintiff
Abdul Nevarez
Andrew J. Kozlow (CA Bar No: 252295)
Ericksen Arbuthnot
2300 Clayton Road, Suite 350
Concord, California 94520
Telephone: [phone]
Facsimile: 510.832.0102
Email: [e-mail]
Attorneys for Defendant Canyon Lakes
Golf Course and Brewery LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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ABDUL NEVAREZ,

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Plaintiff,

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v.
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CANYON LAKES GOLF COURSE AND
BREWERY LLC and DOES 1-10, Inclusive,

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Defendants.
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Case No. 4:17-cv-03247-KAW
Civil Rights
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME UNDER
Fed.R.Civ.P. RULE 12(f)

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STIPULATION
TO THE CLERK OF THE ABOVE ENTITLED COURT AND TO ALL PARTIES AND
TO THEIR RESPECTIVE ATTORNEYS OF RECORD:

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No. 17-cv-03247-KAW

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WHEREAS, this case has been assigned for early disclosures and mediation under
General Order 56;
WHEREAS, plaintiff’s deadline for filing a motion under Federal Rule of Civil

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Procedure (“Fed.R.Civ.P.”) 12(f) regarding the Answer by defendant Canyon Lakes Golf Course
and Brewery LLC (“Canyon Lakes”) is December 27, 2017; and
WHEREAS, plaintiff and defendant wish to avoid the time and expense of briefing a
Rule 12(f) motion until/unless mediation under General Order 56 does not succeed;

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IT IS HEREBY STIPULATED by and among the parties that the deadline for plaintiff to
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file any motion under Fed.R.Civ.P. 12(f) be extended to 21 days past the date the mediator

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certifies that mediation under General Order 56 has been completed, or when the Court orders

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that the parties are no longer under General Order 56, whichever occurs first (hereinafter

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“triggering event”). It is also stipulated that 1) the parties shall meet and confer within seven (7)

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days of the triggering event; 2) defendant Canyon Lakes shall thereafter be allowed an
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opportunity to voluntarily amend its answer prior to plaintiff filing any Fed.R.Civ.P. 12(f)

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motion and 3) that any amended answer shall be filed no later than seven (7) days after the

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parties meet and confer.

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IT IS SO STIPULATED.

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Dated: December 20, 2017

PEIFFER ROSCA WOLF ABDULLAH CARR & KANE

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s/ Catherine Cabalo
BY: Catherine Cabalo
Attorneys for Plaintiff Abdul Nevarez

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Dated: December 20, 2017

ERICKSEN ARBUTHNOT
s/ Andrew Kozlow
BY: Andrew Kozlow
Attorneys for Defendant Canyon Lakes Golf Course and
Brewery LLC

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No. 17-cv-03247-KAW

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ORDER
Pursuant to the stipulation of the parties, and for good cause shown, it is hereby

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ORDERED that the deadline for plaintiff to file any motion under Fed.R.Civ.P. 12(f) be
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extended to 21 days past the date the mediator certifies that mediation under General Order 56
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has been completed, or when the Court orders that the parties are no longer under General Order
56, whichever occurs first (hereinafter “triggering event”). It is also stipulated that 1) the parties
shall meet and confer within seven (7) days of the triggering event; 2) defendant Canyon Lakes
Golf Course and Brewery LLC shall thereafter be allowed an opportunity to voluntarily amend

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its answer prior to plaintiff filing any Fed.R.Civ.P. 12(f) motion; and 3) any amended answer

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shall 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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1/4/2018
Dated: ___________, 2017

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__________________________
Honorable Kandis A. Westmore
United States Magistrate Judge

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SIGNATORY ATTESTATION
The e-filing attorney hereby attests that concurrence in the content of the foregoing

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document and authorization to file the foregoing document has been obtained from the other
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signatory indicated by a conformed signature (/s/) within the foregoing e-filed document.
Dated: December 20, 2017

By: s/ Catherine Cabalo
Catherine Cabalo

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No. 17-cv-03247-KAW