WASHINGTON MUTUAL, INC. et al v. USA

Filing 133

ORDER granting 131 Motion to Amend Pleadings - Rule 15(b). Plaintiffs shall FILE Plaintiffs' First Amended Complaint by 9/27/2013 as a separate docket entry in this matter. Defendant shall FILE its Answer or otherwise r espond to plaintiffs' first amended complaint by 10/25/2013. Count's I and III of Plaintiffs' First Amended Complaint shall continue in discovery and Count II of Plaintiffs' First Amended Complaint shall continue to be stayed pending settlement discussings. The parties shall COMPLY with the court's scheduling orders of September 3, 2013 (Count's I and III discovery schedule) and September 17, 2013 (Count II Joint Status Report Order). Signed by Judge Lynn J. Bush. (TQ) Copy to parties.

In the United States Court of Federal Claims
No. 08-321 T
(Filed September 24, 2013)
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WASHINGTON MUTUAL, INC., *
as successor in interest of
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H. F. AHMANSON & CO. and
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SUBSIDIARIES, et al.,
*
*
Plaintiffs,
*
*
v.
*
*
THE UNITED STATES,
*
*
Defendant.
*
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ORDER
On September 17, 2013, pursuant to Rule 15(a)(2) of the Rules of the United
States Court of Federal Claims (RCFC), plaintiffs filed a Consented Motion to
Amend Complaint in this matter. Plaintiff’s original complaint was filed April 30,
2008 and defendant’s answer was filed on December 18, 2008. RCFC 15(a)(2)
states that a party may amend a pleading with the opposing parties written consent
or by leave of the court. Accordingly, plaintiffs’ motion shall be granted.
Defendant shall file the government’s answer to plaintiffs’ first amended complaint
in accordance with the court’s rules and this order.
Currently, Counts I and III of plaintiffs’ original complaint are in discovery
whereas Count II is suspended while the parties conduct settlement negotiations.
The court’s review of the amendments set forth in plaintiffs’ first amended
complaint does not indicate that the requested amendments would necessarily
change the current posture of this case. Unless the parties notify the court
otherwise, by filing a motion to amend, Counts I and III of the First Amended
Complaint shall remain under the court’s discovery scheduling order of September

3, 2013; and, Count II shall remain stayed and the parties shall comply with the
court’s scheduling order of September 17, 2013.
Accordingly, it is hereby ORDERED that
(1) Plaintiffs’ Consented Motion to Amend Complaint is GRANTED;
(2) Plaintiff shall FILE Plaintiffs’ First Amended Complaint, on or
before September 27, 2013, as a separate docket entry in this
matter;
(3) Defendant shall FILE its Answer or otherwise respond to the
amended complaint on or before October 25, 2013;
(4) Count’s I and III of Plaintiffs’ First Amended Complaint shall
continue in discovery and Count II of Plaintiffs’ First Amended
Complaint shall continue to be STAYED while the parties conduct
settlement negotiations; and
(5) The parties shall continue to COMPLY with the court’s
scheduling orders of September 3, 2013 (Counts I and III
discovery schedule) and September 17, 2013 (Count II Joint Status
Report scheduling order).

/s/Lynn J. Bush
LYNN J. BUSH
Judge