Hiramanek et al v. Clark et al

Filing 192

ORDER by Judge Ronald M Whyte denying 181 Motion to Strike (rmwlc2, COURT STAFF) (Filed on 2/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ADIL K HIRAMANEK, et al.,

Case No. 13-cv-00228-RMW

United States District Court
Northern District of California

Plaintiffs,
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v.

ORDER DENYING MOTION TO
STRIKE ANSWER OF DEFENDANT
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SANTA CLARA

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L MICHAEL CLARK, et al.,
Defendants.

Re: Dkt. No. 181

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Plaintiffs move to strike the amended answer filed by defendant Superior Court of

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California, County of Santa Clara. Dkt. No. 181 (Motion to strike); Dkt. No. 178 (Answer). The

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Answer includes 13 affirmative defenses. Plaintiffs’ claim against the Superior Court is limited to

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the same ADA and Rehabilitation Act claim that Judge Chen found survived a motion to dismiss,

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the only difference being that in the currently operative complaint Adil has also alleged ADA

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violations. See Dkt. No. 163 (Order on motion to strike). This is the second motion to strike the

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Superior Court’s answers. See Dkt. No. 109 (first motion to strike). The court already ruled that

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the Superior Court’s first, second, third, and thirteenth affirmative defenses (previously the sixth,

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twenty-third, thirty-first, and thirty-fourth affirmative defenses) were sufficiently pled. Plaintiffs’

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further arguments on those defenses are not persuasive. The court previously struck the nine other

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ORDER DENYING MOTION STRIKE
Case No. 13-cv-00228-RMW

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affirmative defenses without prejudice. Defendant has now added sufficient factual detail to the

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defenses to meet the Twombly and Iqbal1 standard. Accordingly, the motion to strike is DENIED.

IT IS SO ORDERED.

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Dated: February 18, 2015
______________________________________
Ronald M. Whyte
United States District Judge

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United States District Court
Northern District of California

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Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009).
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