J&J Sports Production, Inc v. Ayala

Filing 27

Order by Hon. Lucy H. Koh granting 17 Motion to Strike Affirmative Defenses.(lhklc3, COURT STAFF) (Filed on 6/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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J & J SPORTS PRODUCTIONS, INC.,

United States District Court
For the Northern District of California

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Plaintiff,
v.
FELIPE AYALA,
Defendant.

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Case No.: 12-CV-04830-LHK
ORDER GRANTING MOTION TO
STRIKE AFFIRMATIVE DEFENSES

Plaintiff J & J Sports Productions, Inc. (“Plaintiff”) brought this action against Defendant

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Felipe Ayala (“Ayala”), individually and doing business as Tango’s Bar and Cantina, on

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September 14, 2012. ECF No. 1. On January 14, 2013, Ayala filed an Answer to Plaintiff’s

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complaint in which Ayala asserted seventeen affirmative defenses. See ECF No. 16. On January

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31, 2013, Plaintiff filed a Motion to Strike all seventeen of the affirmative defenses pursuant to

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Federal Rule of Civil Procedure 12(f). ECF No. 17. Ayala did not file an opposition to Plaintiff’s

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Motion to Strike. In addition, in the parties’ Joint Case Management Statement, Ayala states that

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he “does not mind if the affirmative defenses are stricken if Defendant’s denial of all allegations

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stands.” ECF No. 26, at 3. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter

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appropriate for determination without oral argument. Having considered the submissions of the

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parties and the relevant law, the Court GRANTS Plaintiff’s Motion to Strike Affirmative Defenses.

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IT IS SO ORDERED.

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Dated: June 5, 2013

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_________________________________
LUCY H. KOH
United States District Judge

Case No.: 12-CV-04830-LHK
ORDER GRANTING MOTION TO STRIKE AFFIRMATIVE DEFENSES