The opinion of the court was delivered by: Honorable Laurel Beeler United States Magistrate Judge
ORDER RE: DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT STIPULATION AND [PROPOSED]
Action Filed: February 24, 2011
WHEREAS, on February 24, 2011, Plaintiffs Richard Skaff and Connie Arnold ("Plaintiffs") filed their Complaint for Injunctive Relief and Damages in this Court;
WHEREAS, on May 5, 2011, Defendants Safari West, Inc., Peter Anton
and Nancy Anne Lang ("Defendants") filed their Answer to Plaintiff's
("Answer"), in which Defendants alleged the affirmative defense of
WHEREAS, after meeting and conferring with Plaintiffs, Defendants agreed to amend the Answer to remove the unclean hands defense provided that Plaintiffs allow
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 Answer following discovery to assert the unclean hands defense again against Plaintiffs,
Plaintiffs will not allege that Defendants have waived the defense.
NOW THEREFORE, the parties, through their respective attorneys of record, stipulate as follows:
i) Defendants shall file and serve an amended answer eliminating the unclean hands affirmative defense within ten (10) days after the date the Court executes 18 this Order.
ii) Plaintiffs shall allow Defendants to investigate the unclean hands defense through discovery proceedings.
iii) If Defendants later decide to amend their answer to re-assert the unclean 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.
IT IS SO STIPULATED effective as of June 10, 2011.
DATED: June 10, 2011 HANSON BRIDGETT LLP 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 DATED: June 10, 2011 BARBOSA, METZ & HARRISON, LLP By: /s/ Patricia ...