Meas v. Legal Recovery Law Offices, Inc.

Filing 15

Amended ORDER on motion to strike 12 , amending ORDER 14 Signed by Judge Whyte on 11/29/12. (rmwlc1, COURT STAFF) (Filed on 11/29/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

10 MARKRA MEAS.,

CASE NO. C-12-03757 RMW

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AMENDED ORDER GRANTING
PLAINTIFF’S MOTION TO STRIKE
AFFIRMATIVE DEFENSES PURSUANT
TO FED. R. CIV. P. 12(f)

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Plaintiff,
v.

13 LEGAL RECOVERY LAW OFFICES, INC., a
California corporation,
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Defendant.
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[Re: Docket No. 12]

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On October 26, 2012, plaintiff, Markra Meas, moved to strike defendant’s, Legal Recovery
Law Offices, Inc., affirmative defenses pursuant to Federal Rule of Civil Procedure 12(f) on the

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grounds that the affirmative defenses: (1) are not actually defenses; (2) are immaterial defenses;
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(3) are not pled with sufficient particularity to provide plaintiff with fair notice of the defenses

23 being advanced; and (4) are merely speculative. Pursuant to Civil Local Rule 7-3(a), defendant’s
24 opposition to plaintiff’s motion was due no later than November 9, 2012. Pursuant to Civil Local
25 Rule 7-3(b), on November 21, 2016, plaintiff filed a statement of non-opposition. To date,
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defendant has filed no documents in response to plaintiff’s motion. The court therefore deems

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defendant to have agreed to plaintiff’s request, vacates the hearing scheduled for November 30,

2 2012, and GRANTS plaintiff’s motion to strike the affirmative defenses.
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DATED: November 29, 2012
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Ronald M. Whyte
United States District Judge

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