BabyAge..com, Inc. v. Leachco, Inc.

Filing 32

Unopposed MOTION to Strike 25 Answer to Third Party Complaint,, Counterclaim by Leachco, Jamie S Leach. (Attachments: # 1 Proposed Order)(Peterson, Gary)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BABYAGE.COM, INC., Plaintiff-Counterclaim Defendant, v. LEACHCO, INC., Defendant-Counterclaim Plaintiff, an d JAMIE S. LEACH, Counterclaim Plaintiff, v. JOHN M. KIEFER, JR., Counterclaim Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 3:07-cv-01600-ARC (Judge A. Richard Caputo) (electronically filed) THIRD PARTY PLAINTIFFS' UNOPPOSED MOTION TO STRIKE The Third Party Plaintiffs move, pursuant to Rule 12(f), Federal Rules of Civil Procedure, to strike the patent invalidity and inequitable conduct defenses alleged at page 3, paragraph 16, and page 4, paragraph 21 of the Answer of Third Party Defendant John M. Kiefer, Jr., filed February 1, 2008 (Doc. 25). The Court addressed identical invalidity and inequitable conduct defenses with regard to the motion for leave to amend filed by Counterclaim Defendant Babyage.com, Inc. (Doc. 16). In its Order of February 12, 2008, the Court denied leave to assert these defenses, because of noncompliance with Federal Rules 8 and 9(b) (Doc. 29 at 2). Because the same insufficient defenses are being asserted by Mr. Kiefer, we are moving to strike them for the same reasons addressed with reference to the Babyage.com, Inc. pleading. 1 The undersigned counsel certifies that he has conferred by telephone with Dr. Andrew J. Katsock, III, counsel for Third Party Defendant John M. Kiefer, Jr. and received his concurrence to the instant Motion. A proposed Order is submitted herewith. Respectfully submitted, s/ Gary Peterson Gary Peterson OK 7068 211 N. Robinson Ave., Suite 450 South Oklahoma City, OK 73102 telephone: (405) 606-3367 fax: (866) 628-0506 email: gp@garypeterson.com Sean V. Kemether PA 70816 Kelly Grimes Pietrangelo & Vakil, P.C. P.O. Box 1048 Media, PA 19063-0848 telephone: 610-565-2669 fax: 610-565-0780 email: skemether@kgpv.com Attorneys for Third Party Plaintiffs 2 CERTIFICATE OF SERVICE I certify that I electronically transmitted this document to the Clerk using the ECF System so as to cause transmittal of a Notice of a Electronic Filing to the following ECF registrant: Andrew J. Katsock, III Attorney for Babyage.com, Inc. and John M. Kiefer, Jr., on February 19, 2008. s/ Gary Peterson