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)
1
2
3
4
5
6
7
8
9
10
11
12
Catherine Cabalo, Esq. (CA Bar No. 248198)
Peiffer Rosca Wolf Abdullah Carr & Kane
4 Embarcadero Center, 14th Floor
San Francisco, CA 94111
Telephone: 415.766.3592
Facsimile: 415.402.0058
Email: ccabalo@prwlegal.com
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: 925.735.3800
Facsimile: 925.735.3801
Email: jgong@gonglawfirm.com
13
14
Attorney for Defendant
Defendant Peacock Gap Holdings LLC
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
18
19
22
23
24
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME UNDER
Fed.R.Civ.P. RULE 12(f)
Plaintiffs,
20
21
No. 4:17-cv-03480-KAW
ABDUL NEVAREZ and PRISICLLA
NEVAREZ,
vs.
PEACOCK GAP HOLDINGS LLC AND
DOES 1-10, Inclusive
Defendants.
25
STIPULATION
26
27
28
WHEREAS, this case has been assigned for early disclosures and mediation
under General Order 56;
1
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
1
2
Procedure (“Fed.R.Civ.P.”) 12(f) regarding the Answer by defendant Peacock Gap
3
4
Holdings LLC is November 24, 2017;
WHEREAS, plaintiffs and defendant wish to avoid the time and expense of
5
6
briefing Fed.R.Civ.P. 12(f) motions until/unless mediation under General Order 56 does
7
8
not succeed; and
9
IT IS HEREBY STIPUALTED by and among the parties that the deadline for
10
plaintiffs to file any motion under Fed.R.Civ.P. 12(f) be extended to 21 days past the
11
12
date the mediator certifies that mediation under General Order 56 has been completed,
13
or when the Court orders that the parties are no longer under General Order 56,
14
whichever occurs first (hereinafter “triggering event”). It is also stipulated that 1) the
15
parties shall meet and confer within 7 days of the triggering event; 2) defendant shall
16
17
thereafter be allowed an opportunity to voluntarily amend its answer prior to plaintiffs
18
filing any Fed.R.Civ.P. 12(f) motion and 3) that any amended answer shall be filed no
19
later than 7 days after the parties meet and confer.
20
21
IT IS SO STIPULATED.
22
Dated: November 6, 2017
23
s/ Catherine Cabalo
By: Catherine Cabalo
Attorney for Plaintiffs
ABDUL NEVAREZ and PRISCILLA NEVAREZ
24
25
26
27
PEIFFER, ROSCA, WOLF, ABDULLAH, CARR &
KANE
//
28
//
2
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No: 4:17-cv-03480-KAW
1
Dated: November 6, 2017 LAW OFFICE OF JASON G. GONG
2
s/ Jason Gong
By: Jason Gong
Attorney for Defendant
PEACOCK GAP HOLDINGS LLC
3
4
5
6
7
8
SIGNATURE ATTESTATION
9
10
Pursuant to Civil L.R. 5-1(i), I hereby attest that concurrence in the filing of this
11
12
document had been obtained from each of the other signatory whose signature is
13
indicated by a conformed signature (“/s/”) within this e-filed document.
14
15
Dated: November 6, 2017
s/ Catherine Cabalo
Catherine Cabalo
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No: 4:17-cv-03480-KAW
1
2
ORDER
Pursuant to the stipulation of the parties, and for good cause shown, it is hereby
3
4
5
6
7
8
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
9
also stipulated that 1) the parties shall meet and confer within 7 days of the triggering
10
event; 2) defendant shall thereafter be allowed an opportunity to voluntarily amend its
11
12
answer prior to plaintiff filing any Fed.R.Civ.P. 12(f) motion and 3) that any amended
13
answer shall be filed no later than 7 days after the parties meet and confer.
14
IT IS SO ORDERED.
15
16
17
Dated: November ___, 2017
7
The Honorable Kandis A. Westmore
UNITED STATES MAGISTRATE JUDGE
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME UNDER FRCP 12(f)
Case No: 4:17-cv-03480-KAW
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?