STIPULATION PERMITTING DEFENDANT RPM MORTGAGE, INC. TO FILE AMENDED ANSWER

EDWARD M. CHEN, District Judge.

IT IS HEREBY STIPULATED, by and between plaintiff FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for AMTRUST BANK (hereinafter "FDIC-R" or "Plaintiff"), and defendant RPM MORTGAGE, INC., a California corporation d/b/a RESIDENTIAL PACIFIC MORTGAGE, f/k/a NL, INC. ("RPM" or "Defendant"), through their respective counsel, as follows:

1. On December 31, 2015, RPM filed its answer to FDIC-R's complaint. The answer asserted, among other claims, comparative fault and assumption of risk as affirmative defenses.

2. On January 19, 2016, FDIC-R objected as to RPM's assertions of comparative fault and assumption of risk as affirmative defenses. That same date, RPM agreed to amend its answer to remove the comparative fault and assumption of risk defenses.

4. On January 21, 2016, the deadline for RPM to amend its answer as a matter of course under Rule 15(a)(1)(A) of the Federal Rules of Civil Procedure passed.

5. RPM wishes to amend its answer in this case to eliminate the comparative fault and assumption of risk defenses.

6. THE PARTIES HERETO STIPULATE AND AGREE, by and through their respective attorneys, that Defendant RPM may file an Amended Answer to Complaint in the above-referenced action in the form attached as Exhibit "A" hereto. The proposed Amended Answer eliminates the defenses of comparative fault and assumption of risk. IT IS SO STIPULATED.

ORDER

GOOD CAUSE APPEARING:

IT IS ORDERED that Defendant RPM MORTGAGE, INC., a California corporation d/b/a RESIDENTIAL PACIFIC MORTGAGE, f/k/a NL, INC. may file an amended answer in Case No. 15-cv-05534-EMC in the form of Exhibit "A" attached hereto.