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)

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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: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE C. MOCK,

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v.

1:15-cv-01104-MJS
Plaintiff, STIPULATION FOR LEAVE TO FILE A
FIRST AMENDED ANSWER TO FIRST
AMENDED COMPLAINT;

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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.

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Defendants filed their answer to Plaintiff’s complaint on March 10, 2016. See ECF No.

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33. Since then, through discovery and the investigation of the case, Defendants have represented

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to Plaintiff that they have identified an additional affirmative defense to Plaintiff’s claims. To

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avoid litigation expense and in the furtherance of judicial economy, Defendants and Plaintiff

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stipulate as follows:

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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

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Stipulation for Leave to File a First Amended Answer to First Amended
Complaint; and Order (1:15-cv-01104-MJS)

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Amended Answer to First Amended Complaint. A true and correct copy of the First Amended

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Answer to First Amended Complaint is attached hereto as Exhibit A.

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2.

Defendants may file their First Amended Answer to First Amended Complaint

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concurrently with this stipulation, and it shall be deemed filed and served effective the date the

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Court approves this stipulation.

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Dated: February 6, 2017

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
DAVID J. NEILL
Supervising Deputy Attorney General

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Matthew T. Besmer

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MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendants

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Dated: February 6, 2017

KAHN, SOARES & CONWAY, LLP

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Robert B. Zumwalt

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____________________________________
Robert B. Zumwalt
Attorneys for Plaintiff

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Stipulation for Leave to File a First Amended Answer to First Amended
Complaint; and Order (1:15-cv-01104-MJS)

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ORDER

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Based on the parties’ Stipulation for Leave to File A First Amended Answer to First

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Amended Complaint, and with good cause appearing, it is hereby ORDERED that:
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Defendants shall have leave to file an amended answer to assert an after-acquired

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evidence defense which is numbered affirmative defense twenty-three in the First Amended

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Answer to First Amended Complaint.

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2.

The First Amended Answer to First Amended Complaint that was filed

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concurrently with this stipulation is deemed filed and served effective the date that this stipulation

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is approved by the Court.

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IT IS SO ORDERED.
Dated:

February 7, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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SA2015104075
95212119.doc

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Stipulation for Leave to File a First Amended Answer to First Amended
Complaint; and Order (1:15-cv-01104-MJS)