Skaff et al v. Safari West, Inc. et al
Filing
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STIPULATION AND ORDER RE: DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT. Signed by Magistrate Judge Laurel Beeler on 6/16/2011. (ls, COURT STAFF) (Filed on 6/17/2011)
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BARBOSA, METZ & HARRISON, LLP
PATRICIA BARBOSA, Esq. - 125865
PBarbosa@bmihlaw.com
JEFF A. HARRISON, Esq. - 151227
JHarrison@brnihlaw.com
17547 Ventura Blvd., Suite 310
Encino, CA 91316
Telephone: (818) 386-1200
Facsimile:
(818) 386-1212
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Attorneys for Plaintiffs
RICHARD SKAFF and CONNIE ARNOLD
HANSON BRIDGETT LLP
KURT A. FRANKLIN - 172715
kfranklin@hansonbridgett.com
MOLLY A. LEE - 232477
mlee@hansonbridgett.com
425 Market Street, 26th Floor
San Francisco, CA 94105
Telephone: (415) 777-3200
Facsimile:
(415) 541-9366
Attorneys for Defendants
SAFARI WEST, INC., PETER ANTON LANG and
NANCY ANNE LANG, individuals and as Trustees of the
LANG 2003 TRUST dba SAFARI WEST
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RICHARD SKAFF; and CONNIE
ARNOLD,
Plaintiffs,
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No. CV 11-0869 LB
v.
SAFARI WEST, INC., a California
Corporation; PETER ANTON LANG
and NANCY ANNE LANG, individuals
and as Trustees of the LANG 2003
TRUST dba SAFARI WEST; and
DOES 1 through 10, Inclusive,
Defendants.
STIPULATION AND [PROPOSED]
ORDER RE: DEFENDANTS’ ANSWER TO
PLAINTIFFS’ COMPLAINT
Action Filed:
February 24, 2011
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-1STIP AND [PROPOSED] ORDER RE: ANSWER TO COMPLAINT
(CASE NO. CV 11-0869 LB)
3028624.1
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WHEREAS, on February 24, 2011, Plaintiffs Richard Skaff and Connie Arnold
(“Plaintiffs”) filed their Complaint for Injunctive Relief and Damages in this Court;
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WHEREAS, on May 5, 2011, Defendants Safari West, Inc., Peter Anton Lang
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and Nancy Anne Lang (“Defendants”) filed their Answer to Plaintiff’s Complaint
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(“Answer”), in which Defendants alleged the affirmative defense of unclean hands;
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WHEREAS, after meeting and conferring with Plaintiffs, Defendants agreed to
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amend the Answer to remove the unclean hands defense provided that Plaintiffs allow
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Defendants to investigate and probe the viability of the defense through discovery
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procedures and allow Defendants to amend their Answer again to re-allege the defense
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should Defendants later determine they want to continue to assert the defense;
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WHEREAS, Plaintiffs also agreed that if Defendants decide to amend their
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Answer following discovery to assert the unclean hands defense again against Plaintiffs,
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Plaintiffs will not allege that Defendants have waived the defense.
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NOW THEREFORE, the parties, through their respective attorneys of record,
stipulate as follows:
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i)
Defendants shall file and serve an amended answer eliminating the
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unclean hands affirmative defense within ten (10) days after the date the Court executes
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this Order.
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ii)
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Plaintiffs shall allow Defendants to investigate the unclean hands defense
through discovery proceedings.
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iii)
If Defendants later decide to amend their answer to re-assert the unclean
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hands defense, Plaintiffs will not allege that Defendants have waived the unclean hands
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defense, but do not hereby waive any other challenges to the unclean hands defense.
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-2STIP AND [PROPOSED] ORDER RE: ANSWER TO COMPLAINT
(CASE NO. CV 11-0869 LB)
3028624.1
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IT IS SO STIPULATED effective as of June 10, 2011.
DATED: June 10, 2011
HANSON BRIDGETT LLP
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By: /s/ Molly A. Lee
Kurt A. Franklin
Molly A. Lee
Attorneys for Defendants
SAFARI WEST, INC.,
PETER ANTON LANG and
NANCY ANNE LANG, individuals and
as Trustees of the LANG 2003 TRUST
dba SAFARI WEST
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DATED: June 10, 2011
BARBOSA, METZ & HARRISON, LLP
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By: /s/ Patricia Barbosa
Patricia Barbosa
Attorneys for Plaintiffs
RICHARD SKAFF and
CONNIE ARNOLD
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IT IS SO ORDERED:
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DATED:
June 16
, 2011
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HONORABLE LAUREL BEELER
United States Magistrate Judge
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-3STIP AND [PROPOSED] ORDER RE: ANSWER TO COMPLAINT
(CASE NO. CV 11-0869 LB)
3028624.1
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