The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge
Action Filed May 31, 2008
SSTIPULATION ALLOWING DEFENDANT TO FILE COUNTERCLAIM; [PROPOSED] ORDER
TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA:
Plaintiff Cora J. Williams ("Plaintiff") and Defendant The Prudential Insurance Company of America ("Prudential"), hereby stipulate and respectfully 6 request that the Court order as follows.
1. Prudential filed a Motion for Leave to Amend Answer to Include a Counterclaim dated October 15, 2009. By that Motion, Prudential seeks leave to amend its Answer to add a Counterclaim seeking reimbursement of benefits paid by Prudential to Williams prior to her award of Social Security Disability Benefits, in accordance with Prudential's assertion of a "Reimbursement Agreement" and the terms of its insurance policy. Prudential seeks reimbursement in the amount of $18,843.72 plus interest, and other relief. Plaintiff does not oppose the granting of 15 such leave to amend, subject to the conditions set forth below.
recovery of punitive damages under applicable law. Prudential opposes any such 19 amendment. the Court order as follows:
a. Prudential may file an Amended Answer and Counterclaim, in the form submitted to the Court with its Motion dated October 15, 2009;
2. Plaintiff wishes to amend her Complaint to include a prayer for
3. Accordingly, the parties hereby stipulate, and respectfully request that
b. Plaintiff may, within 45 days of this Order, seek leave of Court to Amend the Complaint to include a prayer for recovery of punitive damages under applicable law. Prudential shall not oppose Plaintiff's application for leave to amend on the grounds that the motion is time-barred by the Court's Case Management orders previously entered in this action. Nothing contained in this Stipulation shall be deemed to waive Prudential's right to oppose the motion for leave to amend on any other grounds, including, without limitation that adding a claim for punitive damages at this stage of the litigation is prejudicial.
c. Nothing in this Stipulation and Order shall be deemed to be the Court's approval of the merits of Prudential's proposed Amended Answer and Counterclaim; nor shall anything in this Stipulation and Order be deemed a waiver by plaintiff of any objection or defense to the allegations of said Amended Answer and Counterclaim.
The parties having stipulated as set forth above, and for ...