Filed: Feb. 25, 2013
Latest Update: Feb. 25, 2013
Summary: STIPULATION AND [PROPOSED] ORDER FOR THE FILING OF AN AMENDED ANSWER SAMUEL CONTI, District Judge. WHEREAS, on January 24, 2013, the Defendant submitted an Answer to the Plaintiff's Complaint in this case (Dkt. No. 45); WHEREAS, on February 14, 2013, the Plaintiff moved to strike certain of the affirmative defenses included in the Defendant's Answer (Dkt. No. 52); and WHEREAS, instead of briefing and a possible hearing on the pending motion, without waiver of its rights, Defendant is willing
Summary: STIPULATION AND [PROPOSED] ORDER FOR THE FILING OF AN AMENDED ANSWER SAMUEL CONTI, District Judge. WHEREAS, on January 24, 2013, the Defendant submitted an Answer to the Plaintiff's Complaint in this case (Dkt. No. 45); WHEREAS, on February 14, 2013, the Plaintiff moved to strike certain of the affirmative defenses included in the Defendant's Answer (Dkt. No. 52); and WHEREAS, instead of briefing and a possible hearing on the pending motion, without waiver of its rights, Defendant is willing ..
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STIPULATION AND [PROPOSED] ORDER FOR THE FILING OF AN AMENDED ANSWER
SAMUEL CONTI, District Judge.
WHEREAS, on January 24, 2013, the Defendant submitted an Answer to the Plaintiff's Complaint in this case (Dkt. No. 45);
WHEREAS, on February 14, 2013, the Plaintiff moved to strike certain of the affirmative defenses included in the Defendant's Answer (Dkt. No. 52); and
WHEREAS, instead of briefing and a possible hearing on the pending motion, without waiver of its rights, Defendant is willing to submit an Amended Answer pleading additional matter in conjunction with its affirmative defenses; and
WHEREAS, the Parties agree that this might more effectively and efficiently resolve the Plaintiff's concerns or at least narrow the issues that require Court intervention and therefore would better conserve the limited judicial resources of the Court.
IT IS HEREBY STIPULATED AND AGREED that, in accordance with Fed. R. Civ. P. 15(a)(2), the Defendant shall have until March 11, 2013 to file an Amended Answer to Plaintiff's Complaint. Plaintiff shall reserve the right until April 5, 2013 to file a Motion to Strike Defendant's Amended Answer and Affirmative Defenses if Plaintiff deems necessary or appropriate to do so. Defendant further reserves the right to oppose Plaintiff's motion to strike, if one is filed, on any and all grounds currently available.
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED
