Opinion
Case No.CV 08 2705 JSW
03-18-2013
ELLEN STOODY-BROSER, An Individual, Individually And On Behalf Of All Others Similarly Situated, Plaintiff, v. BANK OF AMERICA, N.A. and BANK OF AMERICA CORPORATION, Defendants.
Mary J. Hackett (appearing pro hac vice ) K. Issac deVyver (appearing pro hac vice ) Jarrod Shaw (appearing pro hac vice ) REED SMITH LLP Benjamin Spohn (SBN 266746) REED SMITH LLP Attorneys for Defendant Bank of America Corporation NIALL P. McCARTHY ANNE MARIE MURPHY ERIC J. BUESCHER McTIGUE LAW LLP J. BRIAN McTIGUE
Mary J. Hackett (appearing pro hac vice)
K. Issac deVyver (appearing pro hac vice)
Jarrod Shaw (appearing pro hac vice)
REED SMITH LLP
Benjamin Spohn (SBN 266746)
REED SMITH LLP
Attorneys for Defendant
Bank of America Corporation
STIPULATION FOR DEFENDANTS BANK
OF AMERICA, N.A AND BANK OF
AMERICA CORPORATION TO FILE
AMENDED ANSWERS AND
AFFIRMATIVE DEFENSES; [PROPOSED]
ORDER
Compl. Filed: May 29, 2008
Trial Date: August 18, 2014
Honorable Jeffrey S. White
Plaintiff Ellen Stoody-Broser and Defendants Bank of America, N.A. and Bank of America Corporation, with good cause, respectfully file this Joint Stipulation and [Proposed] Order and hereby stipulate as follows:
WHEREAS, on June 13, 2012, Defendants Bank of America, N.A. and Bank of America Corporation filed their respective answers to the amended complaint. (Dkt. Nos. 164 and 165);
WHEREAS, on March 1, 2013, the Court held a Case Management Conference and thereafter issued an Order Scheduling Trial and Pretrial Matters. (Dkt. No. 206);
WHEREAS, Defendants desire to amend their respective answers to include an additional affirmative defense providing that Plaintiff's claims are barred by the doctrines of release and discharge;
WHEREAS, on March 1, 2013, Defendants requested Plaintiff Ellen Stoody-Broser's consent to amend Defendants' Answers to include the above-referenced affirmative defense;
WHEREAS, on March 5, 2013, Plaintiff Ellen-Stoody indicated her willingness to stipulate to the amendment of Defendants' Answers;
WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiff Ellen Stoody-Broser, through this stipulation, provides her written consent that Defendants Bank of America, N.A. and Bank of America Corporation may amend their respective Answers to Plaintiff's Amended Complaint to include an additional affirmative defense and related exhibit;
WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES HERETO that Defendants Bank of America, N.A. and Bank of America Corporation may file amended answers within seven (7) days of the Court's entry of the attached order.
IT IS SO STIPULATED.
COTCHETT, PITRE & McCARTHY, LLP
By: ______________________
NIALL P. McCARTHY
ANNE MARIE MURPHY
ERIC J. BUESCHER
MINAMI TAMAKI, LLP
DEREK G. HOWARD
KEVIN R. ALLEN
McTIGUE LAW LLP
J. BRIAN McTIGUE
Attorneys for Plaintiff and the Putative Class
REED SMITH, LLP
By: __________________________
MARY J. HACKETT
Attorneys for Defendants Bank of America, N.A. and
Bank of America Corporation
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS ORDERED that Defendants Bank of America, N.A. and Bank of America Corporation are granted leave to file their amended answers and shall file the same within seven (7) days of entry of this order.
________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE