context: The record before this court does not establish that, when Vegas filed this action on November 22, 2013, that date was more than six-months from when Vegas knew that the union was not going to arbitrate his grievance. A statute of limitations defense is an affirmative defense with respect to which a defendant asserting the defense bears the burden of proof. See Payan v. Aramark Mgmt. Servs.
citation_a.signal: see also
citation_a.identifier: 52 F.3d 398, 403
citation_a.parenthetical: "Because the statute of limitations is an affirmative defense, the defendant bears the burden of establishing by prima facie proof that the limitations period has expired since the plaintiffs claims accrued."
citation_a.sentence: Ltd. P’ship, 495 F.3d 1119, 1122 (9th Cir.2007) (“because the statute of limitations is an affirmative defense, the defendant bears the burden of proving that the plaintiff filed beyond the limitations period”); Tovar v. U.S. Postal Serv., 3 F.3d 1271, 1284 (9th Cir.1993) (“In every civil case, the defendant bears the burden of proof as to each element of an affirmative defense.”); see also Overall v. Estate of Klotz, 52 F.3d 398, 403 (2d Cir.1995) (“Because the statute of limitations is an affirmative defense, the defendant bears the burden of establishing by prima facie proof that the limitations period has expired since the plaintiffs claims accrued.”).
citation_b.signal: no signal
citation_b.identifier: 495 F.3d 1119, 1122
citation_b.parenthetical: "because the statute of limitations is an affirmative defense, the defendant bears the burden of proving that the plaintiff filed beyond the limitations period"
citation_b.sentence: Ltd. P’ship, 495 F.3d 1119, 1122 (9th Cir.2007) (“because the statute of limitations is an affirmative defense, the defendant bears the burden of proving that the plaintiff filed beyond the limitations period”); Tovar v. U.S. Postal Serv., 3 F.3d 1271, 1284 (9th Cir.1993) (“In every civil case, the defendant bears the burden of proof as to each element of an affirmative defense.”); see also Overall v. Estate of Klotz, 52 F.3d 398, 403 (2d Cir.1995) (“Because the statute of limitations is an affirmative defense, the defendant bears the burden of establishing by prima facie proof that the limitations period has expired since the plaintiffs claims accrued.”).