Nevarez et al v. Peacock Gap Holdings LLC et al

Filing 12

STIPULATION AND ORDER re 11 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME UNDER FRCP RULE 12(f) filed by Priscilla Nevarez, Peacock Gap Holdings LLC, Abdul Nevarez. Signed by Magistrate Judge Kandis A. Westmore on 11/7/17. (sisS, COURT STAFF) (Filed on 11/7/2017)

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Catherine Cabalo, Esq. (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 Plaintiffs
Abdul Nevarez and Priscilla Nevarez
Jason Gong, Esq.
Law Office of Jason G. Gong
2121 N. California Blvd., Suite 290
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: 925.735.3801
Email: [e-mail]

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Attorney for Defendant
Defendant Peacock Gap Holdings LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME UNDER
Fed.R.Civ.P. RULE 12(f)

Plaintiffs,

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No. 4:17-cv-03480-KAW

ABDUL NEVAREZ and PRISICLLA
NEVAREZ,

vs.
PEACOCK GAP HOLDINGS LLC AND
DOES 1-10, Inclusive
Defendants.

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STIPULATION

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WHEREAS, this case has been assigned for early disclosures and mediation
under General Order 56;
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No: 4:17-cv-03480-KAW

WHEREAS, plaintiffs’ 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 Peacock Gap

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Holdings LLC is November 24, 2017;
WHEREAS, plaintiffs and defendant wish to avoid the time and expense of

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briefing Fed.R.Civ.P. 12(f) motions until/unless mediation under General Order 56 does

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not succeed; and

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IT IS HEREBY STIPUALTED by and among the parties that the deadline for

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plaintiffs to file any motion under Fed.R.Civ.P. 12(f) be extended to 21 days past the

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date the mediator certifies that mediation under General Order 56 has been completed,

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or when the Court orders that the parties are no longer under General Order 56,

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whichever occurs first (hereinafter “triggering event”). It is also stipulated that 1) the

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parties shall meet and confer within 7 days of the triggering event; 2) defendant shall

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thereafter be allowed an opportunity to voluntarily amend its answer prior to plaintiffs

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filing any Fed.R.Civ.P. 12(f) motion and 3) that any amended answer shall be filed no

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later than 7 days after the parties meet and confer.

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IT IS SO STIPULATED.

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Dated: November 6, 2017

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s/ Catherine Cabalo
By: Catherine Cabalo
Attorney for Plaintiffs
ABDUL NEVAREZ and PRISCILLA NEVAREZ

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PEIFFER, ROSCA, WOLF, ABDULLAH, CARR &
KANE

//

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//
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No: 4:17-cv-03480-KAW

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Dated: November 6, 2017 LAW OFFICE OF JASON G. GONG

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s/ Jason Gong
By: Jason Gong
Attorney for Defendant
PEACOCK GAP HOLDINGS LLC

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SIGNATURE ATTESTATION

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Pursuant to Civil L.R. 5-1(i), I hereby attest that concurrence in the filing of this
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document had been obtained from each of the other signatory whose signature is

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indicated by a conformed signature (“/s/”) within this e-filed document.

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Dated: November 6, 2017

s/ Catherine Cabalo
Catherine Cabalo

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No: 4:17-cv-03480-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 plaintiffs to file any motion under Fed.R.Civ.P. 12(f)
be extended to 21 days past the date the mediator certifies that mediation under General
Order 56 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

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also stipulated that 1) the parties shall meet and confer within 7 days of the triggering

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event; 2) defendant shall thereafter be allowed an opportunity to voluntarily amend its

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

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answer shall be filed no later than 7 days after the parties meet and confer.

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IT IS SO ORDERED.

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Dated: November ___, 2017
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The Honorable Kandis A. Westmore
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No: 4:17-cv-03480-KAW