Cobra Systems Inc v. Accuform Manufacturing Inc et al

Filing 28

ORDER DENYING COBRA SYSTEMS MOTION TO STRIKE AFFIRMATIVE DEFENSES AND MOTION TO DISMISS COUNTERCLAIMS 17 by Judge Otis D. Wright, II. (lc). Modified on 11/13/2013 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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COBRA SYSTEMS, INC., a California
corporation,

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v.

Plaintiff/Counter-Defendant,

ACCUFORM MANUFACTURING,
INC., a Florida corporation, and DOES 110, inclusive,

Case No. 2:13-cv-05932-ODW(JEMx)
ORDER DENYING COBRA
SYSTEM’S MOTION TO STRIKE
AFFIRMATIVE DEFENSES AND
MOTION TO DISMISS
COUNTERCLAIMS [17]

Defendants/Counterclaimants.

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On October 10, 2013, Plaintiff Cobra Systems, Inc. (“Cobra”) filed its Motion

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to Strike Affirmative Defenses and Dismiss Counterclaims. (ECF No. 17.) Defendant

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Accuform Manufacturing, Inc. (“Accuform”) responded on October 25, 2013, by

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filing its Opposition to the Motion as well as an Amended Answer. (ECF Nos. 18,

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19.) Cobra filed a Reply to the Motion to Strike and Dismiss on November 4, 2013,

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seeking to dismiss affirmative defenses and counterclaims now contained in the

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Amended Answer. (ECF No. 23.)

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A party may amend its pleading once as a matter of course 21 days after service

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of a motion under Federal Rule of Civil Procedure 12(b), (e), or (f). Fed. R. Civ. P.

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15(a)(1)(B).

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Cobra’s Motion to Strike and Dismiss. The Court notes that the Amended Answer

Accuform’s Amended Answer was timely filed within 21 days of

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eliminates several of the affirmative defenses and counterclaims that were the subject

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of Cobra’s Motion. Since the Amended Answer supersedes the original pleading from

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Accuform, and to avoid confusion regarding the affirmative defenses and

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counterclaims that remain, the Court hereby DENIES AS MOOT Cobra’s Motion to

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Strike Affirmative Defenses and Dismiss Counterclaims.

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now subject to any motions authorized under the Federal Rules of Civil Procedure.

The Amended Answer is

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IT IS SO ORDERED.

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November 13, 2013

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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