Jones v. Carabay Investors, LLC

Filing 13

ORDER signed by District Judge Troy L. Nunley on 8/31/2018 GRANTING defendant Cara Bay Apartments LLC leave to file an Amended Answer within 5 days following service of this order, pursuant to 12 Stipulation and in the interests of justice. (Henshaw, R)

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Eileen T. Booth - 182974
Kurtis J. Anders - 269333
JACOBSEN & McELROY PC
2401 American River Drive, Suite 100
Sacramento, CA 95825
Tel. [phone]
Fax
[phone]
e-mail: [e-mail]
[e-mail]

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Attorneys for Defendant
CARA BAY APARTMENTS LLC (erroneously sued herein as CARABAY
INVESTORS, LLC)

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUY JONES,
Plaintiff,

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vs.
CARABAY INVESTORS, LLC and
DOES 1-20, inclusive,
Defendant.

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Case No.: 2:18-CV-00343-TLN-KJN
STIPULATION AND ORDER TO PERMIT
FILING OF AMENDED ANSWER BY
CARA BAY APARTMENTS LLC

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Plaintiff GUY JONES (hereafter “Plaintiff”) and Defendant CARA BAY
APARTMENTS LLC (erroneously sued herein as CARABAY INVESTORS, LLC)
(hereafter “Defendant”) hereby stipulate as follows:
1. Pursuant to Federal R. of Civ. Proc. Rule 15(a)(2), Defendant
shall be permitted to file an amended answer to the complaint.
2. Defendant shall file the amended answer within five (5) days
of service of the entry of the order granting this stipulated
request.
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Plaintiff and Defendant have agreed to this stipulation in order

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to resolve a dispute now pending between them concerning discovery

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propounded by Plaintiff and Defendant’s responses thereto. Thus, the

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filing of an amended answer is in the interest of justice as it will

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permit the parties to resolve a pending dispute without the need for

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seeking relief from the court via noticed motion.

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The

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Amended

Answer

changes:
the

will

ninth

contain

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1. Withdraws

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financial

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the

following

affirmative defenses accordingly.

burden

and

affirmative

defense

adjusts

numbering

the

based

substantive

for

on

undue

the

other

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2. Strikes the last dependent clause of the re-numbered twentieth

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affirmative defense, which previously stated a defense based

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on undue burden.

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A copy of the Proposed Amended Answer is attached hereto as
exhibit A.

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IT IS SO STIPULATED:

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DATED: August 28, 2018

JACOBSEN & McELROY PC
By:

/s/ Kurtis J. Anders
Eileen T. Booth
Kurtis J. Anders
Attorneys for Defendant
CARA BAY APARTMENTS LLC
(erroneously sued herein as CARABAY
INVESTORS, LLC)

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DATED: August 28, 2018

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DERBY, MCGUINNESS & GOLDSMITH, LLP
By:

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/s/ Steven L. Derby
Steven L. Derby
Celia McGuinness
Attorneys for Plaintiff GUY JONES

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SIGNATURE ATTESTATION

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Steven L. Derby provided authority to file this stipulation by
affixing his electronic signature.

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ORDER

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Pursuant to the stipulation and in the interests of justice,
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Defendant CARA BAY APARTMENTS LLC (erroneously sued herein as
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CARABAY INVESTORS, LLC) is granted leave to file an Amended Answer.
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The Amended Answer shall be filed within five (5) days following
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service of this order.
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IT IS SO ORDERED
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Dated: August 31, 2018

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Troy L. Nunley
United States District Judge

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