Filed: Oct. 07, 2019
Latest Update: Oct. 07, 2019
Summary: ORDER GRANTING STIPULATION MICHAEL W. MOSMAN , District Judge . Based on the parties' Stipulation, and good cause appearing, IT IS ORDERED that except for defenses that existed at the time that Southwest Behavioral & Health Services, Inc. "(SBHS") filed its original complaint (the Arizona Suit), EnSoftek, Inc. ("EnSoftek") will not assert the defense of res judicata, claim preclusion, issue preclusion, estoppel, failure to assert a compulsory counterclaim, or similar procedural defenses to
Summary: ORDER GRANTING STIPULATION MICHAEL W. MOSMAN , District Judge . Based on the parties' Stipulation, and good cause appearing, IT IS ORDERED that except for defenses that existed at the time that Southwest Behavioral & Health Services, Inc. "(SBHS") filed its original complaint (the Arizona Suit), EnSoftek, Inc. ("EnSoftek") will not assert the defense of res judicata, claim preclusion, issue preclusion, estoppel, failure to assert a compulsory counterclaim, or similar procedural defenses to ..
More
ORDER GRANTING STIPULATION
MICHAEL W. MOSMAN, District Judge.
Based on the parties' Stipulation, and good cause appearing,
IT IS ORDERED that except for defenses that existed at the time that Southwest Behavioral & Health Services, Inc. "(SBHS") filed its original complaint (the Arizona Suit), EnSoftek, Inc. ("EnSoftek") will not assert the defense of res judicata, claim preclusion, issue preclusion, estoppel, failure to assert a compulsory counterclaim, or similar procedural defenses to SBHS's counterclaim in the Oregon Suit. The timeliness of claims or the validity of a statute of limitations (or laches) defense will relate back to the filing date of the claims of the Arizona Suit.
IT IS FUTHER ORDERED that attorney's fees and costs accrued in the Arizona Suit will be decided at the conclusion of this suit, if appropriate.
IT IS FURTHER ORDERED that Defendant SBHS's motion to dismiss is withdrawn.
IT IS FURTHER ORDERED that Defendant SBHS has ten business days from the date of this Order to file its answer and any compulsory counterclaim.
