Driver et al v. D. Mosley Trucking, Inc. et al
ORDER denying 100 Amended MOTION to Strike. Signed by Honorable Susan O. Hickey on October 29, 2014. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
LOIS DRIVER, et al
CASE NO. 4:13-cv-4074
D. MOSLEY TRUCKING, INC.,
Before the Court is an Amended Motion to Strike Answer filed on behalf of Plaintiffs
Lois Driver and Robert Driver. (ECF No. 100). Plaintiffs request that the First Amended
Answers (ECF Nos. 49-50) filed on behalf of Defendant Ramon Colon and D. Mosley Trucking
be struck from the record. Plaintiffs request that these documents be struck because these
Defendants did not obtain leave of Court prior to filing the First Amended Answers.
Upon consideration, the Court finds that the motion should be and hereby is DENIED
AS MOOT. Subsequent to the present motion being filed, Plaintiffs filed a Second Amended
Complaint. (ECF No. 119). Defendants filed an Answer (ECF No. 121) to the Second Amended
Complaint. Because Defendants’ First Amended Answers are no longer operative it is not
necessary for them to be struck from the record.
IT IS SO ORDERED, this 29th day of October, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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