The opinion of the court was delivered by: Honorable Jeffrey S. White
STIPULATION FOR DEFENDANTS BANK 16 OF AMERICA, N.A AND BANK OF AMERICA CORPORATION TO FILE AMENDED ANSWERS AND AFFIRMATIVE DEFENSES; [PROPOSED] ORDER
Compl. Filed: May 29, 2008 Trial Date: August 18, 2014
Plaintiff Ellen Stoody-Broser and Defendants Bank of America, N.A. and Bank of America Corporation, with good cause, respectfully file this Joint Stipulation and [Proposed] Order and 3 hereby stipulate as follows: 4 WHEREAS, on June 13, 2012, Defendants Bank of America, N.A. and Bank of America Corporation filed their respective answers to the amended complaint. (Dkt. Nos. 164 and 165); 6 WHEREAS, on March 1, 2013, the Court held a Case Management Conference and 7 thereafter issued an Order Scheduling Trial and Pretrial Matters. (Dkt. No. 206); 8 WHEREAS, Defendants desire to amend their respective answers to include an additional 9 affirmative defense providing that Plaintiff's claims are barred by the doctrines of release and 10 discharge;
d in the State of Delaware
WHEREAS, on March 1, 2013, Defendants requested Plaintiff Ellen Stoody-Broser's 12 consent to amend Defendants' Answers to include the above-referenced affirmative defense; REED SMITH LLP WHEREAS, on March 5, 2013, Plaintiff Ellen-Stoody indicated her willingness to stipulate A limited liability partnership forme to the amendment of Defendants' Answers; 15 WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a)(2), Plaintiff Ellen Stoody- Broser, through this stipulation, provides her written consent that Defendants Bank of America, N.A. 17 and Bank of America Corporation may amend their respective Answers to Plaintiff's Amended 18 Complaint to include an additional affirmative defense and related exhibit; 19
WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES HERETO that Defendants Bank of America, N.A. and Bank of America Corporation may file amended answers 21 within seven (7) days of the Court's entry of the attached order.
DATED: March 14, 2013 COTCHETT, PITRE & McCARTHY, LLP 3 By: /s/ Eric J. Buescher NIALL P. McCARTHY 4 ANNE MARIE MURPHY 5 ERIC J. BUESCHER 6 MINAMI TAMAKI, LLP DEREK G. HOWARD 7 KEVIN R. ALLEN 8 McTIGUE LAW LLP 9 J. BRIAN McTIGUE 10 Attorneys for Plaintiff and the Putative Class d in the State of Delaware 11 REED SMITH, LLP 12 REED SMITH LLP By: /s/ Mary J. Hackett 13 MARY J. HACKETT A limited liability partnership forme 14 Attorneys for Defendants Bank of America, N.A. and Bank of America Corporation 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PURSUANT TO STIPULATION, IT IS ORDERED that Defendants Bank of America,
N.A. and Bank of America Corporation are granted leave to file their amended answers and shall file 4 the same within seven (7) days of entry of this order. 5
THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE
d in the State of Delaware 11 12 REED SMITH LLP 13 A limited ...