Ensoftek, Inc. v. Southwest Behavioral & Health Services, Inc.

Filing 32

ORDER GRANTING STIPULATION:IT IS FURTHER ORDERED that Defendant SBHS's motion to dismiss is withdrawn. IT IS FURTHER ORDERED that Defendant SBHS has ten business days from the date of this Order to file its answer and any compulsory counterclaim. See order for full text. Signed on 10/7/19 by Judge Michael W. Mosman. (dls)

Mark C. Hoyt, OSB No. 923419
[e-mail]
Justin M. Thorp, OSB No. 974154
[e-mail]
SHERMAN SHERMAN JOHNNIE & HOYT LLP
693 Chemeketa Street NE
Salem, Oregon 97301
Telephone: [phone]
Facsimile: 503-370-4308
Louis D. Lopez (Admitted Pro Hae Vice)
[e-mail]
Philip L. Brailsford (Admitted Pro Hae Vice)
[e-mail]
FENNEMORE CRAIG, P.C.
2394 E. Camelback Road, Suite 600
Phoenix, Arizona 85016
Telephone: [phone]
Facsimile: 602-916-5999

Attorneys for Defendant
Southwest Behavioral & Health Services, Inc.

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
ENSOFTEK, INC., an Oregon corporation,

Case No. 3:19-cv-00615-MO

Plaintiff,

v.

ORDER GRANTING
STIPULATION

SOUTHWEST BERAVIORAL & HEALTH
SERVICES, INC., an Arizona corporation,
Defendant.

Based on the parties' Stipulation, and good cause appearing,

[PROPOSED] ORDER GRANTING STIPULATION

PAGE

1

IT IS ORDERED that except for defenses that existed at the time that Southwest
Behavioral & Health Services, Inc. "(SBHS") filed its original complaint (the Arizona Suit),
EnSoftek, Inc. ("EnSoftek") will not assert the defense of res judicata, claim preclusion, issue
preclusion, estoppel, failure to assert a compulsory counterclaim, or similar procedural defenses
to SBHS' s counterclaim in the Oregon Suit. The timeliness of claims or the validity of a statute
of limitations (or !aches) defense will relate back to the filing date of the claims of the Arizona
Suit.
IT IS FUTHER ORDERED that attorney's fees and costs accrued in the Arizona Suit will
be decided at the conclusion of this suit, if appropriate.
IT IS FURTHER ORDERED that Defendant SBHS's motion to dismiss is withdrawn.
IT IS FURTHER ORDERED that Defendant SBHS has ten business days from the date
of this Order to file its answer and any compulsory counterclaim.

Submitted by:
Philip L. Brailsford (admitted Pro Hae Vice)
[phone]
OfAttorneys for Defendant
Southwest Behavioral & Health Services, Inc.

[PROPOSED] ORDER GRANTING STIPULATION

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