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Stoody-Broser v. Bank of Am., N.A.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 18, 2013
Case No.CV 08 2705 JSW (N.D. Cal. Mar. 18, 2013)

Opinion

Case No.CV 08 2705 JSW

03-18-2013

ELLEN STOODY-BROSER, An Individual, Individually And On Behalf Of All Others Similarly Situated, Plaintiff, v. BANK OF AMERICA, N.A. and BANK OF AMERICA CORPORATION, Defendants.

Mary J. Hackett (appearing pro hac vice ) K. Issac deVyver (appearing pro hac vice ) Jarrod Shaw (appearing pro hac vice ) REED SMITH LLP Benjamin Spohn (SBN 266746) REED SMITH LLP Attorneys for Defendant Bank of America Corporation NIALL P. McCARTHY ANNE MARIE MURPHY ERIC J. BUESCHER McTIGUE LAW LLP J. BRIAN McTIGUE


Mary J. Hackett (appearing pro hac vice)
K. Issac deVyver (appearing pro hac vice)
Jarrod Shaw (appearing pro hac vice)
REED SMITH LLP
Benjamin Spohn (SBN 266746)
REED SMITH LLP
Attorneys for Defendant
Bank of America Corporation

STIPULATION FOR DEFENDANTS BANK

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


Honorable Jeffrey S. White

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 hereby stipulate as follows:

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);

WHEREAS, on March 1, 2013, the Court held a Case Management Conference and thereafter issued an Order Scheduling Trial and Pretrial Matters. (Dkt. No. 206);

WHEREAS, Defendants desire to amend their respective answers to include an additional affirmative defense providing that Plaintiff's claims are barred by the doctrines of release and discharge;

WHEREAS, on March 1, 2013, Defendants requested Plaintiff Ellen Stoody-Broser's consent to amend Defendants' Answers to include the above-referenced affirmative defense;

WHEREAS, on March 5, 2013, Plaintiff Ellen-Stoody indicated her willingness to stipulate to the amendment of Defendants' Answers;

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. and Bank of America Corporation may amend their respective Answers to Plaintiff's Amended Complaint to include an additional affirmative defense and related exhibit;

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 within seven (7) days of the Court's entry of the attached order.

IT IS SO STIPULATED.

COTCHETT, PITRE & McCARTHY, LLP

By: ______________________

NIALL P. McCARTHY

ANNE MARIE MURPHY

ERIC J. BUESCHER

MINAMI TAMAKI, LLP

DEREK G. HOWARD

KEVIN R. ALLEN

McTIGUE LAW LLP

J. BRIAN McTIGUE

Attorneys for Plaintiff and the Putative Class

REED SMITH, LLP

By: __________________________

MARY J. HACKETT

Attorneys for Defendants Bank of America, N.A. and

Bank of America Corporation

[PROPOSED] ORDER

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 the same within seven (7) days of entry of this order.

________________________

THE HONORABLE JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE


Summaries of

Stoody-Broser v. Bank of Am., N.A.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 18, 2013
Case No.CV 08 2705 JSW (N.D. Cal. Mar. 18, 2013)
Case details for

Stoody-Broser v. Bank of Am., N.A.

Case Details

Full title:ELLEN STOODY-BROSER, An Individual, Individually And On Behalf Of All…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Mar 18, 2013

Citations

Case No.CV 08 2705 JSW (N.D. Cal. Mar. 18, 2013)