California State Employees Association v. Bogart

Filing 26

STIPULATION and ORDER signed by Judge John A. Mendez on 12/9/15 ORDERING that CSEA and Counterclaimant may file the Amended Answers attached to 25 Stipulation as Exhibits A and B. (Kastilahn, A)

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DOWNEY BRAND LLP
WILLIAM R. WARNE (Bar No. 141280)
KELLY L. POPE (Bar No. 235284)
AVALON C. JOHNSON (Bar No. 288167)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff and Counter-Defendant
CALIFORNIA STATE EMPLOYEES
ASSOCIATION

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DOWNEY BRAND LLP

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CALIFORNIA STATE EMPLOYEES
ASSOCIATION,

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Plaintiff,

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v.

Case No. 2:14-CV-02494-JAM-KJN
STIPULATION AND ORDER TO FILE
AMENDED ANSWERS TO COMPLAINT
AND FIRST AMENDED CROSSCOMPLAINT

RICHARD BOGART and DOES 1 through
25, inclusive,

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Defendant.
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RICHARD BOGART,
Counter-Plaintiff,

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v.

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CALIFORNIA STATE EMPLOYEES
ASSOCIATION,

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Counter-Defendant.

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The parties, by and through their respective counsel, hereby agree and jointly stipulate

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pursuant to Federal Rule of Civil Procedure 15(a) to allow Plaintiff and Counter-defendant

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California State Employees Association (“CSEA”) to file an Amended Answer to Defendant and

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00056162.1

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1428885.1

STIPULATION TO FILE AMENDED ANSWER TO FIRST AMENDED CROSS-COMPLAINT

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Counterclaimant Richard Bogart’s (“Counterclaimant”) First Amended Cross-Complaint and to

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allow Counterclaimant to file an Amended Answer to CSEA’s Complaint, as follows:

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RECITALS

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A.

WHEREAS, Counterclaimant filed his Answer to CSEA’s Complaint on or about

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October 22, 2014 and CSEA filed its Answer to Defendant and Counter-Plaintiff Richard

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Bogart’s First Amended Cross-Complaint on or about March 16, 2015; and

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B.

WHEREAS, both parties now seek to file Amended Answers to the operative

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Complaint and Cross-Complaint (“Amended Answer”), copies of which are attached hereto as

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Exhibits A and B, respectively; and

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C.

the attached Amended Answers; and

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DOWNEY BRAND LLP

WHEREAS, both parties have agreed to the other’s request for a stipulation to file

D.

WHEREAS, by stipulating to the filing of the Amended Answers, neither party

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waives its right to challenge the new affirmative defenses in the Amended Answers by any

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permissible means.

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STIPULATION

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NOW THEREFORE, in light of the foregoing recitals, IT IS HEREBY STIPULATED by

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and between CSEA and Counterclaimant, by and through their respective counsel, that CSEA and

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Counterclaimant may file the Amended Answers attached hereto as Exhibits A and B.

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DATED: December 8, 2015

DOWNEY BRAND LLP

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By: /s/ William R. Warne
WILLIAM R. WARNE
KELLY L. POPE
AVALON C. JOHNSON
Attorney for Plaintiff
CALIFORNIA STATE EMPLOYEES
ASSOCIATION

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00056162.1

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1428885.1

STIPULATION TO FILE AMENDED ANSWER TO FIRST AMENDED CROSS-COMPLAINT

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DATED: December 7, 2015

KENNADAY, LEAVITT & DAPONDE PC

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By: /s/ Kelli Kennaday
KELLI KENNADAY
Attorney for Defendant
RICHARD G. BOGART

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: 12/9/2015

/s/ John A. Mendez_______
Hon. John A. Mendez
United States District Judge

00056162.1

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DOWNEY BRAND LLP

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1428885.1

STIPULATION TO FILE AMENDED ANSWER TO FIRST AMENDED CROSS-COMPLAINT