Mock v. California Department of Corrections and Rehabilitation, et al.
Filing
44
STIPULATION and ORDER FOR LEAVE TO FILE A FIRST AMENDED ANSWER TO FIRST AMENDED COMPLAINT, signed by Magistrate Judge Michael J. Seng on 2/7/2017. (Lafata, M)
1
2
3
4
5
6
XAVIER BECERRA, State Bar No. 118517
Attorney General of California
DAVID J. NEILL, State Bar No. 186997
Supervising Deputy Attorney General
MATTHEW T. BESMER, State Bar No. 269138
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: (559) 477-1680
Fax: (559) 445-5106
E-mail: Matthew.Besmer@doj.ca.gov
Attorneys for Defendants
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
MAURICE C. MOCK,
12
13
v.
1:15-cv-01104-MJS
Plaintiff, STIPULATION FOR LEAVE TO FILE A
FIRST AMENDED ANSWER TO FIRST
AMENDED COMPLAINT;
14
15
16
17
18
AND ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION; PLEASANT
VALLEY STATE PRISON; JEFFREY A
BEARD, in official capacity; JOHN KEITH,
in his individual and official capacities; and
DOES 1 through 50, inclusive,
Trial Date:
October 24, 2017
Action Filed: June 15, 2015
Defendants.
19
20
21
Defendants filed their answer to Plaintiff’s complaint on March 10, 2016. See ECF No.
22
33. Since then, through discovery and the investigation of the case, Defendants have represented
23
to Plaintiff that they have identified an additional affirmative defense to Plaintiff’s claims. To
24
avoid litigation expense and in the furtherance of judicial economy, Defendants and Plaintiff
25
stipulate as follows:
26
27
1.
Defendants may have leave to file an amended answer to assert an after-acquired
evidence defense which is numbered affirmative defense twenty-three in Defendants’ First
28
1
Stipulation for Leave to File a First Amended Answer to First Amended
Complaint; and Order (1:15-cv-01104-MJS)
1
Amended Answer to First Amended Complaint. A true and correct copy of the First Amended
2
Answer to First Amended Complaint is attached hereto as Exhibit A.
3
2.
Defendants may file their First Amended Answer to First Amended Complaint
4
concurrently with this stipulation, and it shall be deemed filed and served effective the date the
5
Court approves this stipulation.
6
7
Dated: February 6, 2017
Respectfully submitted,
8
XAVIER BECERRA
Attorney General of California
DAVID J. NEILL
Supervising Deputy Attorney General
9
10
Matthew T. Besmer
11
MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendants
12
13
14
15
Dated: February 6, 2017
KAHN, SOARES & CONWAY, LLP
16
Robert B. Zumwalt
17
____________________________________
Robert B. Zumwalt
Attorneys for Plaintiff
18
19
20
21
22
23
24
25
26
27
28
2
Stipulation for Leave to File a First Amended Answer to First Amended
Complaint; and Order (1:15-cv-01104-MJS)
1
ORDER
2
Based on the parties’ Stipulation for Leave to File A First Amended Answer to First
3
4
Amended Complaint, and with good cause appearing, it is hereby ORDERED that:
1.
Defendants shall have leave to file an amended answer to assert an after-acquired
5
evidence defense which is numbered affirmative defense twenty-three in the First Amended
6
Answer to First Amended Complaint.
7
2.
The First Amended Answer to First Amended Complaint that was filed
8
concurrently with this stipulation is deemed filed and served effective the date that this stipulation
9
is approved by the Court.
10
11
12
IT IS SO ORDERED.
Dated:
February 7, 2017
/s/
13
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
14
15
16
17
18
19
20
SA2015104075
95212119.doc
21
22
23
24
25
26
27
28
3
Stipulation for Leave to File a First Amended Answer to First Amended
Complaint; and Order (1:15-cv-01104-MJS)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?