- 1 STEPHANIE L. QUINN (SBN 216655) MARIEL COVARRUBIAS (SBN 274784) 2 MURPHY, CAMPBELL, ALLISTON & QUINN 3 8801 Folsom Boulevard, Suite 230 Sacramento, CA 95826 4 Tel: (916) 400-2300 5 Fax: (661) 400-2311 6 squinn@murphycampbell.com mcovarrubias@murphycampbell.com 7 8 Attorneys for Defendant, BNSF RAILWAY COMPANY 9 10 IN AND FOR THE UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 MANUEL DELGADO, Case No. 2:19-cv-00585-KJM-DB 13 Plaintiff, STIPULATION AND ORDER TO 14 AMEND ANSWER OF DEFENDANT 15 vs BNSF RAILWAY COMPANY TO 16 PLAINTIFF’S COMPLAINT FOR BNSF RAILWAY COMPANY, DAMAGES 17 18 Defendant. Judge: Kimberly J. Mueller 19 IT IS HEREBY STIPULATED by and between the parties in the above-captioned 20 21 matter, Plaintiff MANUEL DELGADO and Defendant BNSF RAILWAY COMPANY 22 (“BNSF”), (collectively, “the Parties”), by and through their respective counsel of record, 23 as follows: 24 1. During the course of discovery in this case, BNSF located a claim file related 25 to a personal injury claimed by Plaintiff in 2007 during the course of his 26 employment with BNSF. The claim file that was located included a release of 27 claims signed by Plaintiff on April 14, 2009. 28 STIPULATION AND ORDER TO AMEND ANSWER OF DEFENDANT BNSF RAILWAY 1 2. BNSF wishes to amend its Answer to add an affirmative defense based on this 2 release. 3 3. Pursuant to Rule 15 of the Federal Rules of Civil Procedure, leave to 4 amend “shall be freely given when justice so requires.” (FRCP 15; Coleman v. 5 Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir. 2000).) Amendments may be 6 made either with the opposing party’s written consent or with leave of the court. 7 4. Plaintiff hereby consents to BNSF filing the Amended Answer which is 8 attached here as Exhibit 1, which adds a Twenty-Third Affirmative Defense. 9 IT IS SO STIPULATED. 10 11 Dated: March 18, 2020 GANONG LAW 12 13 /s/ Philip W. Ganong 14 PHILIP W. GANONG 15 Attorney for the Plaintiff 16 17 Dated: March 19, 2020 MURPHY, CAMPBELL, ALLISTON & QUINN 18 19 /s/ Stephanie L. Quinn 20 Stephanie L. Quinn 21 Mariel Covarrubias Attorneys for Defendant BNSF RAILWAY 22 COMPANY 23 squinn@murphycampbell.com 24 mcovarrubias@murphycampbell.com 25 26 27 28 STIPULATION AND ORDER TO AMEND ANSWER OF DEFENDANT BNSF RAILWAY 1 ORDER 2 3 Pursuant to the stipulation of the parties hereto and good cause appearing therefore, 4 IT IS HEREBY ORDERED that Defendant BNSF may file the proposed amended answer 5 to Plaintiff’s Complaint for Damages which is attached as Exhibit 1. 6 DATED: March 25, 2020. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO AMEND ANSWER OF DEFENDANT BNSF RAILWAY
Document Info
Docket Number: 2:19-cv-00585
Filed Date: 3/26/2020
Precedential Status: Precedential
Modified Date: 6/19/2024