J & J Sports Productions Inc v. Chappell et al

Filing 16

ORDER granting pltf's 9 Motion to Strike defts' affirmative defenses listed in paragraphs 23 and 24 of 5 Answer to Complaint; denying as moot defts' 12 Motion to Amend Answer. Signed by Chief Judge J. Leon Holmes on 5/26/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
J & J SPORTS PRODUCTIONS, INC.
v.

PLAINTIFF

No. 4:11CV00144 JLH

TIMOTHY B. CHAPPELL, et al.

DEFENDANTS

ORDER
The plaintiff has filed a motion to strike defendants’ affirmative defenses listed in a
boilerplate fashion in paragraphs 23 and 24 of the answer. The defendants responded by saying that
they were moving to file an amended answer that would omit the affirmative defenses. A proposed
amended answer was attached to the motion, but paragraphs 23 and 24 remained in the proposed
amended answer unchanged from the original answer.
It appears that the plaintiff’s motion to strike is well taken and, indeed, the defendants
concede as much in their response. Therefore, the motion to strike is granted. Document #9.
Paragraphs 23 and 24 are stricken from the answer. The motion for leave to amend is denied as
moot. Document #12.
IT IS SO ORDERED this 26th day of May, 2011.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE