Stonebrae LP v. Toll Bros Inc et al

Filing 60

STIPULATION AND ORDER re 59 Stipulation filed by Toll Bros Inc. Signed by Judge Edward M. Chen on 9/23/08. (bpf, COURT STAFF) (Filed on 9/23/2008)

Case 3:08-cv-00221-EMC

Document 59

Filed 09/18/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP Donald J. Putterman (SBN 90822) E-Mail: [e-mail] Christopher J. McNamara (SBN 209205) E-Mail: [e-mail] 101 California Street, Suite 2050 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] TIMOTHY J. HOBAN (SBN 192461) Regional Counsel for Toll Bros., Inc. E-Mail: [e-mail] 725 Town & Country Road, Suite 500 Orange, CA 92868 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants TOLL BROS., INC., and TOLL BROTHERS, INC. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) Case No. 08-CV-00221 EMC STIPULATION AND [PROPOSED] ORDER TO ALLOW DEFENDANT TO FILE A FIRST AMENDED ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

15 STONEBRAE L.P., a Delaware limited partnership, 16 Plaintiff, 17 vs. 18 TOLL BROS., INC., a Pennsylvania 19 corporation; TOLL BROTHERS, INC., a Delaware corporation; DOES 1 through 15, 20 inclusive, 21 22 23 24 25 26 27 28 Defendants.

Pursuant to Federal Rule of Civil Procedure 15(a), Plaintiff Stonebrae L.P. ("Stonebrae") and Defendant Toll Bros., Inc. ("Toll") hereby stipulate that Defendant Toll may file a First Amended Answer, Affirmative Defenses, and Counterclaims. STIPULATION WHEREAS Plaintiff Stonebrae filed a First Amended Complaint ("Complaint") in this matter on January 15, 2008; WHEREAS Defendant Toll filed an Answer, Affirmative Defenses, and Counterclaims
1
Stipulation and [Proposed] Order to Allow Toll to File First Amended Answer; Case No. 08-CV-00221-EMC

Case 3:08-cv-00221-EMC

Document 59

Filed 09/18/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

of Defendant Toll Bros., Inc., to Complaint on February 20, 2008; WHEREAS the trial in this matter is set for July 19, 2010; WHEREAS Defendant Toll desires to file a First Amended Answer, Affirmative Defenses, and Counterclaims to assert additional affirmative defenses and counterclaims; WHEREAS Plaintiff Stonebrae has agreed that Toll may file the First Amended Answer, Affirmative Defenses, and Counterclaims of Defendant Toll Bros., Inc., to Complaint, a copy of which is attached hereto as Exhibit A (without exhibits). IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto and their respective undersigned attorneys, as follows: Toll may file the First Amended Answer, Affirmative Defenses, and Counterclaims of Defendant Toll Bros., Inc., to Complaint; Stonebrae shall have 30 days from the filing date to file a response to the First Amended Answer, Affirmative Defenses, and Counterclaims of Defendant Toll Bros., Inc., to Complaint.

IT IS SO STIPULATED. DATED: September 18, 2008 KASOWITZ BENSON TORRES & FRIEDMAN LLP By: /s/ Christopher J. McNamara Christopher J. McNamara Attorneys for Defendants TOLL BROS., INC.

DATED: September 18, 2008

COOPER & KIRKHAM, P.C. By: /s/ Josef D. Cooper Josef D. Cooper Attorneys for Plaintiff STONEBRAE L.P.

2
Stipulation and [Proposed] Order to Allow Toll to File First Amended Answer; Case No. 08-CV-00221-EMC

Case 3:08-cv-00221-EMC

Document 59

Filed 09/18/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 DATED: September ____, 2008 By: Hon. Edward M. Chen U.S. Magistrate Judge

3
Stipulation and [Proposed] Order to Allow Toll to File First Amended Answer; Case No. 08-CV-00221-EMC