Jones v. Carabay Investors, LLC, 2:18-CV-00343-TLN-KJN. (2018)
Court: District Court, E.D. California
Number: infdco20180905673
Visitors: 2
Filed: Sep. 04, 2018
Latest Update: Sep. 04, 2018
Summary: STIPULATION ORDER TO PERMIT FILING OF AMENDED ANSWER BY CARA BAY APARTMENTS LLC TROY L. NUNLEY , District Judge . Plaintiff GUY JONES (hereafter "Plaintiff") and Defendant CARA BAY APARTMENTS LLC (erroneously sued herein as CARABAY INVESTORS, LLC) (hereafter "Defendant") hereby stipulate as follows: 1. Pursuant to Federal R. of Civ. Proc. Rule 15(a)(2), Defendant shall be permitted to file an amended answer to the complaint. 2. Defendant shall file the amended answer within five (5) days
Summary: STIPULATION ORDER TO PERMIT FILING OF AMENDED ANSWER BY CARA BAY APARTMENTS LLC TROY L. NUNLEY , District Judge . Plaintiff GUY JONES (hereafter "Plaintiff") and Defendant CARA BAY APARTMENTS LLC (erroneously sued herein as CARABAY INVESTORS, LLC) (hereafter "Defendant") hereby stipulate as follows: 1. Pursuant to Federal R. of Civ. Proc. Rule 15(a)(2), Defendant shall be permitted to file an amended answer to the complaint. 2. Defendant shall file the amended answer within five (5) days o..
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STIPULATION ORDER TO PERMIT FILING OF AMENDED ANSWER BY CARA BAY APARTMENTS LLC
TROY L. NUNLEY, District Judge.
Plaintiff GUY JONES (hereafter "Plaintiff") and Defendant CARA BAY APARTMENTS LLC (erroneously sued herein as CARABAY INVESTORS, LLC) (hereafter "Defendant") hereby stipulate as follows:
1. Pursuant to Federal R. of Civ. Proc. Rule 15(a)(2), Defendant shall be permitted to file an amended answer to the complaint.
2. Defendant shall file the amended answer within five (5) days of service of the entry of the order granting this stipulated request.
Plaintiff and Defendant have agreed to this stipulation in order to resolve a dispute now pending between them concerning discovery propounded by Plaintiff and Defendant's responses thereto. Thus, the filing of an amended answer is in the interest of justice as it will permit the parties to resolve a pending dispute without the need for seeking relief from the court via noticed motion.
The Amended Answer will contain the following substantive changes:
1. Withdraws the ninth affirmative defense based on undue financial burden and adjusts the numbering for the other affirmative defenses accordingly.
2. Strikes the last dependent clause of the re-numbered twentieth affirmative defense, which previously stated a defense based on undue burden.
A copy of the Proposed Amended Answer is attached hereto as exhibit A.
IT IS SO STIPULATED.
ORDER
Pursuant to the stipulation and in the interests of justice, Defendant CARA BAY APARTMENTS LLC (erroneously sued herein as CARABAY INVESTORS, LLC) is granted leave to file an Amended Answer. The Amended Answer shall be filed within five (5) days following service of this order.
IT IS SO ORDERED.
Source: Leagle
