Hernandez v. El Metate Mexican Restaurant Corp dba Taqueria El Metate et al

Filing 12

STIPULATION AND ORDER re 11 . STIPULATION WITH PROPOSED ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F) AS TO DEFENDANT EL METATE MEXICAN RESTAURANT CORP dba TAQUERIA EL METATES ANSWER filed by El Metate Mexican Restaurant Corp dba Taqueria El Metate, Gerardo Hernandez. Signed by Magistrate Judge Kandis A. Westmore on 5/29/18. (sisS, COURT STAFF) (Filed on 5/29/2018)

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PAUL L. REIN, Esq. (SBN 43053)
AARON M. CLEFTON, Esq. (SBN 318680)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile:
510/832-4787
[e-mail]

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Attorneys for Plaintiff
GERARDO HERNANDEZ
MANUEL RIVAS, JR. (SBN 161236)
LAW OFFICES OF MANUEL RIVAS, JR.
1 Sansome Street, Suite 3500
San Francisco, CA 94104
Telephone No.: [phone]
Facsimile No.: [phone]

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GERARDO HERNANDEZ,

Case No. 4:18-cv-01759 KAW

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Plaintiff,

Civil Rights

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v.

STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME UNDER
F.R.C.P. RULE 12(F) AS TO
DEFENDANT EL METATE MEXICAN
RESTAURANT CORP dba TAQUERIA
EL METATE’S ANSWER

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EL METATE MEXICAN RESTAURANT
CORP dba TAQUERIA EL METATE;
KAREN LEE FINNEY; ROBERT L
BATTAGIN as an Individual and in his
Capacity as Trustee for the BATTAGIN
ROBERT L TRUST,

Action Filed: March 21, 2018

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STIPULATION

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TO THE CLERK OF THE ABOVE ENTITLED COURT AND TO ALL PARTIES AND

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TO THEIR RESPECTIVE ATTORNEYS OF RECORD:

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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 Procedure
(“FRCP”) Rule 12(f) to strike all or part of the Answer of Defendant EL METATE MEXICAN
STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME UNDER FRCP 12(f)
Case No. 4:18-cv-01759 KAW
Stip_to_Cont_12_(f)_Deadline.DOCX

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RESTAURANT CORP dba TAQUERIA EL METATE is May 23, 2018;
WHEREAS, Plaintiff and Defendant EL METATE MEXICAN RESTAURANT CORP

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dba TAQUERIA EL METATE have met and conferred regarding the alleged deficiencies in

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Defendant’s Answer;

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WHEREAS, Plaintiff and Defendant wish to avoid the time and expense of briefing a
FRCP 12(f) motion until/unless mediation under General Order 56 does not succeed;

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IT IS HEREBY STIPULATED by and among Plaintiff and Defendant that:

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1. If the case does not settle under General Order 56, Plaintiff retains the right to file a

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motion under FRCP 12(f). If the case does not settle at mediation:

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a.

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after the mediation has been certified as completed;

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b. that Defendant shall thereafter be allowed an opportunity to voluntarily amend

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its Answer prior to Plaintiff filing any Rule 12(f) motion; and

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c. that any amended Answer shall be filed no later than 14 days after the parties

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the parties shall meet and confer about amending the Answer within 7 days

meet and confer.
2. If Defendant elects not to file an Amended Answer after the meet and confer period

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in section 2, Plaintiff may file his 12(f) motion between 21 and 45 days past the date

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

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IT IS SO STIPULATED.
Dated: May 14, 2018

LAW OFFICES OF PAUL L. REIN

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/s/ Aaron M. Clefton
By: AARON M. CLEFTON, ESQ.
Attorneys for Plaintiff
GERARDO HERNANDEZ

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Dated: May 14, 2018

LAW OFFICES OF MANUEL RIVAS, JR.

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/s/ Manuel Rivas, Jr.
By: MANUEL RIVAS, JR, ESQ.
Attorneys for Defendant
EL METATE MEXICAN RESTAURANT

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-2STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME UNDER FRCP 12(f)
Case No. 4:18-cv-01759 KAW
Stip_to_Cont_12_(f)_Deadline.DOCX

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FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1, I hereby attest that on May 14, 2018, I, Aaron M.
Clefton, attorney with The Law Office of Paul L. Rein, received the concurrence of Manuel
Rivas, Jr. in the filing of this document.

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/s/ Aaron M. Clefton
AARON M. CLEFTON

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-3STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME UNDER FRCP 12(f)
Case No. 4:18-cv-01759 KAW
Stip_to_Cont_12_(f)_Deadline.DOCX

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ORDER

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Pursuant to the stipulation of the parties, and for good cause shown, it is hereby
ORDERED that if Plaintiff files any motion under Federal Rule of Civil Procedure 12(f) against
Defendant EL METATE MEXICAN RESTAURANT CORP dba TAQUERIA EL METATE,
such motion will be filed between 21 and 45 days past the date the mediator certifies that
mediation under General Order 56 has been completed. The parties shall meet and confer within
7 days after the mediation has been certified as completed. Defendant EL METATE MEXICAN
RESTAURANT CORP dba TAQUERIA EL METATE shall thereafter be allowed an opportunity
to voluntarily amend its answer prior to Plaintiff filing any FRCP 12(f) motion. Any amended
answer shall be filed no later than 14 days after the parties meet and confer.
IT IS SO ORDERED.

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5/29
Dated: __________, 2018

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__________________________________
Honorable Kandis A. Westmore
United States Magistrate Judge

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-4STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME UNDER FRCP 12(f)
Case No. 4:18-cv-01759 KAW
Stip_to_Cont_12_(f)_Deadline.DOCX

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