STIPULATION AND ORDER TO EXTEND TIME UNDER F.R.C.P. RULE 12(F)
HAYWOOD S. GILLIAM, Jr., District Judge.
By and through their attorneys of record, Plaintiffs TRACY ROUSSEAU and STAN ROUSSEAU ("Plaintiffs") and Defendants ST. HELENA HOSPITAL and ADVENTIST HEALTHCARE/WEST ("Defendants") hereby stipulate and agree as follows:
WHEREAS, this case has been assigned for early disclosures and mediation under General Order 56;
WHEREAS, Defendants filed their Answer in this matter on June 30, 2017;
WHEREAS, Plaintiffs' deadline for filing a motion under Federal Rule of Civil Procedure ("FRCP") Rule 12(f) to strike all or part of Defendants' Answer is July 21, 2017;
WHEREAS, Plaintiffs and Defendant have met and conferred regarding the alleged deficiencies raised by Defendant's Answer and Affirmative Defenses;
WHEREAS, Plaintiffs and Defendant wish to avoid the time and expense of briefing an FRCP 12(f) motion until/unless mediation under General Order 56 does not succeed;
IT IS HEREBY STIPULATED by and among Plaintiffs and Defendants that:
1. If the case does not settle at mediation under General Order 56, Plaintiffs retains the right to file a motion under FRCP 12(f) as follows:
IT IS SO STIPULATED.
Pursuant to the stipulation of the parties, and for good cause shown, it is hereby ORDERED that:
The parties shall meet and confer within 7 days after the mediator certifies that mediation under General Order 56 has been completed. Defendants shall thereafter be allowed an opportunity to voluntarily amend their answer prior to plaintiff filing any FRCP 12(f) motion. Any amended answer shall be filed no later than 211 days after the mediation has been certified and completed. Plaintiff may thereafter file his motion no later than 42 days from the date mediation is certified and completed.
Pursuant to Civil Local Rule 5-1, I hereby attest that on July 11, 2017, I, Celia McGuinness, attorney with Derby, McGuinness & Goldsmith, LLP, received the concurrence of Dominique Pollara in the filing of this document.