Skaff et al v. Safari West, Inc. et al

Filing 17

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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1 2 3 4 5 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 6 7 8 9 10 11 12 13 14 15 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 16 UNITED STATES DISTRICT COURT 17 FOR THE NORTHERN DISTRICT OF CALIFORNIA 18 19 20 RICHARD SKAFF; and CONNIE ARNOLD, Plaintiffs, 21 22 23 24 25 26 27 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 28 -1STIP AND [PROPOSED] ORDER RE: ANSWER TO COMPLAINT (CASE NO. CV 11-0869 LB) 3028624.1 1 2 WHEREAS, on February 24, 2011, Plaintiffs Richard Skaff and Connie Arnold (“Plaintiffs”) filed their Complaint for Injunctive Relief and Damages in this Court; 3 WHEREAS, on May 5, 2011, Defendants Safari West, Inc., Peter Anton Lang 4 and Nancy Anne Lang (“Defendants”) filed their Answer to Plaintiff’s Complaint 5 (“Answer”), in which Defendants alleged the affirmative defense of unclean hands; 6 WHEREAS, after meeting and conferring with Plaintiffs, Defendants agreed to 7 amend the Answer to remove the unclean hands defense provided that Plaintiffs allow 8 Defendants to investigate and probe the viability of the defense through discovery 9 procedures and allow Defendants to amend their Answer again to re-allege the defense 10 should Defendants later determine they want to continue to assert the defense; 11 WHEREAS, Plaintiffs also agreed that if Defendants decide to amend their 12 Answer following discovery to assert the unclean hands defense again against Plaintiffs, 13 Plaintiffs will not allege that Defendants have waived the defense. 14 15 NOW THEREFORE, the parties, through their respective attorneys of record, stipulate as follows: 16 i) Defendants shall file and serve an amended answer eliminating the 17 unclean hands affirmative defense within ten (10) days after the date the Court executes 18 this Order. 19 ii) 20 Plaintiffs shall allow Defendants to investigate the unclean hands defense through discovery proceedings. 21 iii) If Defendants later decide to amend their answer to re-assert the unclean 22 hands defense, Plaintiffs will not allege that Defendants have waived the unclean hands 23 defense, but do not hereby waive any other challenges to the unclean hands defense. 24 /// 25 /// 26 /// 27 /// 28 /// -2STIP AND [PROPOSED] ORDER RE: ANSWER TO COMPLAINT (CASE NO. CV 11-0869 LB) 3028624.1 1 2 IT IS SO STIPULATED effective as of June 10, 2011. DATED: June 10, 2011 HANSON BRIDGETT LLP 3 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 4 5 6 7 8 9 DATED: June 10, 2011 BARBOSA, METZ & HARRISON, LLP 10 By: /s/ Patricia Barbosa Patricia Barbosa Attorneys for Plaintiffs RICHARD SKAFF and CONNIE ARNOLD 11 12 13 14 15 IT IS SO ORDERED: 16 17 DATED: June 16 , 2011 18 19 20 HONORABLE LAUREL BEELER United States Magistrate Judge 21 22 23 24 25 26 27 28 -3STIP AND [PROPOSED] ORDER RE: ANSWER TO COMPLAINT (CASE NO. CV 11-0869 LB) 3028624.1

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