Old St Paul Missionary Baptist Church v. First Nation Insurance Group et al

Filing 100

ORDER denying without prejudice 98 Plaintiff's Motion to Strike First Nation Insurance Group's Answer to First Amended Complaint. Signed by Judge William R. Wilson, Jr on 9/3/08. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION OLD ST. PAUL MISSIONARY BAPTIST CHURCH v. 3:07CV00043-WRW DEFENDANTS PLAINTIFF

FIRST NATION INSURANCE GROUP, et al. ORDER

Pending is Plaintiff's Motion to Strike First Nation Insurance Group's Answer to First Amended Complaint (Doc. No. 98). Defendant First Nation Insurance Group has responded.1 For the reasons set out below, Plaintiff's Motion is DENIED without prejudice. In a January 22, 2008 Order,2 Plaintiff's Motion to Strike Answer to Amended Complaint3 was held in abeyance "until it can be determined if any Defendant was properly served."4 Plaintiff renewed its Motion on August 21, 2008,5 but without adding any new information about whether Defendant FNIG had been properly served.6 Accordingly, Plaintiff's Motion is DENIED without prejudice until it can be determined if Defendant FNIG was properly served. IT IS SO ORDERED this 3rd day of September, 2008.

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

1

Doc. No. 99. Doc. No. 83. Doc. No. 70. Doc. No. 83. Doc. No. 98.

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5

In a May 22, 2008, Order (Doc. No. 88), Plaintiff was given until October 2, 2008, to properly serve Defendant FNIG.

6