Gomez

Gomez v. J. Jacobo Farm Labor Contractor, Inc.

Good Law
188 F. Supp. 3d 986·2016 WL 6143342·2016 U.S. Dist. LEXIS 66922
United States District Court, Eastern District of CaliforniaMay 20, 20161:15-cv-1489-AWI-MJSCalifornia7,554 words

Opinion

Lead Opinion

Ishii, J.

ORDER GRANTING MOTIONS TO STRIKE AFFIRMATIVE DEFENSES

I. Introduction

Plaintiff Marisol Gomez (“Plaintiff”) has filed separate motions, under Federal Rule of Civil Procedure 12(f), 1 to strike select affirmative defenses alleged by Defendant Bedrosian Farms, LLC (“Bedrosian”) (Doc. 11), and Defendant J. Jacobo Farm Labor Contractor, Inc. (“Jacobo”) (Doc. 30). The thrust of Plaintiffs argument in both instances is that many of the affirmative defenses alleged are (1) insufficiently detailed such that they are not in compliance with Rule 8 or (2) inapplicable to this *990 case, as a matter of law. The matter is now fully briefed and ripe for decision.

II. Background

Plaintiff Marisol Gomez alleges that she is (or was) employed by Defendants, as joint employers, to perform agricultural work “at various times during the Class Period[—reaching back four years prior to the filing of this action—]through approximately 2015.” Compl. at ¶¶ 13, 23. On September 15, 2015, she filed a putative wage and hour class action on behalf of herself and other past and present non-exempt, agricultural and packing shed employees employed by Defendants. Plaintiff alleges that Defendants engaged in “a…

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