Loi Nguyen v. Durham School Services, L.P.

358 F. Supp. 3d 1056
CourtDistrict Court, C.D. California
DecidedFebruary 20, 2019
DocketCase No. SACV 18-01825 AG (DFMx)
StatusPublished
Cited by5 cases

This text of 358 F. Supp. 3d 1056 (Loi Nguyen v. Durham School Services, L.P.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loi Nguyen v. Durham School Services, L.P., 358 F. Supp. 3d 1056 (C.D. Cal. 2019).

Opinion

Andrew J. Guilford, United States District Judge

In Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), and Ashcroft v. Iqbal , 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (together, "Twiqbal "), the Supreme Court gave the key to unlock access to federal courts by defining the pleading requirements of Federal Rule of Civil Procedure 8(a). By adding the word "plausibility" to the requirements for stating a claim for relief, the Court retired the more lenient "notice" pleading standard that governed the adequacy of complaints since Conley v. Gibson , 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). But the Court has never said whether Twiqbal 's plausibility requirement extended to all types of pleadings, including pleading affirmative defenses in an answer.

This case presents a resulting question-one that's divided federal district courts for the better part of a decade. Should the stricter plausibility requirement set forth in Twiqbal apply equally to pleading affirmative defenses in an answer? The short answer is plainly "no." The text of Federal Rule of Civil Procedure 8, the principles underlying the Supreme Court's decisions in Twiqbal , and the practicalities of pretrial litigation all weigh against extending the plausibility requirement to affirmative defenses. This Court now concludes, as settled precedent suggests, that affirmative defenses may be stated in "general terms" and need only provide the plaintiff with "fair notice" of their nature. See Kohler v. Flava Enterprises, Inc. , 779 F.3d 1016, 1019 (9th Cir. 2015) (applying the fair notice standard without referencing the Twiqbal standard).

For the following reasons, the Court GRANTS IN PART and DENIES IN PART the Plaintiff Loi Nguyen's ("Nguyen") pending motion to strike WITH LEAVE TO AMEND. Defendant Durham School Services, L.P. ("DSS") may file an amended answer within 21 days of this Order.

1. PRELIMINARY MATTERS

Before reviewing Nguyen's motion, the Court addresses two preliminary issues raised by the parties' briefing. DSS argues Nguyen's motion is untimely under the Federal Rules, and that Nguyen failed to comply with the meet and confer requirement of Local Rule 7-3. (Opp'n, Dkt. No. 15 at 2-3.) Moving forward, the Court expects the parties to comply with the *1058spirit and letter of the Federal Rules and this Court's Local Rules. For now, in the interest of justice, the Court reviews the pending motion on the merits.

2. BRIEF BACKGROUND

A brief review of the facts is helpful. Nguyen worked as a maintenance mechanic for DSS. (Compl., Dkt. No. 1-1 at ¶¶ 1, 15, 20.) Nguyen alleges DSS engaged in a variety of misconduct. Specifically, Nguyen claims DSS discriminated against Nguyen because of his age, retaliated against Nguyen because of his union involvement, and deprived Nguyen of legally mandated meal and rest breaks. (Id. at ¶¶ 22, 26, 28, 30, 31.) Nguyen was eventually terminated by DSS. (Id. at ¶ 28.) Nguyen then brought this case asserting nine different state law claims concerning Nguyen's employment with DSS. (See Compl. at 17.)

Nguyen chose to file this case involving state law claims in Orange County state court, but DSS removed it to this Court under 28 U.S.C. Sections 1332(a)(1) and 1441(a) - (b). (Notice of Removal, Dkt. No. 1 at 1.) After DSS removed, DSS filed an answer to Nguyen's complaint stating twenty-one affirmative defenses. (Answer, Dkt. No. 12 at 12-17.) DSS also included an "other additional defenses" allegation in its answer purporting to preserve DSS's "right to allege other additional defenses as they may become known during discovery or otherwise". (Id. at 17.)

A few weeks later, Nguyen moved to strike eleven of DSS's twenty-one defenses, and DSS's "other additional defenses" allegation. (Mot., Dkt. No. 14 at 2.) Nguyen argues that the affirmative defenses at issue are "not affirmative defenses at all", are insufficiently pled, and are "immaterial or impertinent." (Id. at 2-3.) DSS responds that its affirmative defenses are appropriate and adequately alleged, and further argues that, in any event, Nguyen isn't prejudiced by DSS's answer. (Opp'n at 4-5.) The Court questions whether asserting twenty-one affirmative defenses and attacking fifteen of them proportionally pursues justice in this case. Cf. Fed. R. Civ. P. 26(b). But the Court plows ahead with these procedural perturbations.

3. LEGAL STANDARD

"[T]he court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). At issue here, of course, are the pleading requirements of Rule 8. A motion to strike under Rule 12(f) is designed to "avoid the expenditure of time and money that must arise from litigating spurious issues by dispensing with those issues prior to trial." Whittlestone, Inc. v. Handi-Craft Co. , 618 F.3d 970, 973-74 (9th Cir. 2010) (internal quotation marks omitted). Appropriately, motions to strike are generally "disfavored," Petrie v. Elec. Game Card, Inc. , 761 F.3d 959

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Bluebook (online)
358 F. Supp. 3d 1056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loi-nguyen-v-durham-school-services-lp-cacd-2019.