J & J Sports Productions, Inc. v. Marini et al

Filing 20

ORDER GRANTING 18 the Request to Amend the Answer; ORDER that the Motion to Dismiss 13 and Motion to Strike 14 are MOOT, signed by Magistrate Judge Jennifer L. Thurston on 8/30/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

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Plaintiff,

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v.
PETRICE M. MARINI, et al.,

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Defendants.

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Case No.: 1:16-CV-0477-AWI - JLT
ORDER GRANTING THE REQUEST TO AMEND
THE ANSWER; ORDER THAT THE MOTION TO
DISMISS AND MOTIONT O STRIKE ARE
MOOT
(Docs. 13, 14, 18)

On July 11, 2016, the defendants filed their answer. (Doc. 9) The answer did not follow the

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typical format and contained extraneous matter. Thus, the plaintiff filed a motion to dismiss any

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counterclaim that may have been made in the answer (Doc. 13) and a motion to strike the extraneous

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matter (Doc. 14)
On August 24, 2016, the defendants filed a document titled “Motion to Amend Answer,”

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though, in truth, it was an amended answer rather than a motion.1 (Doc. 18) The plaintiff responded

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and noted it did not have opposition to the filing of the amended answer but reserved its right to take

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further action related to the amended answer, if it deemed necessary. (Doc. 19) Thus, the Court

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ORDERS:
1.

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The amended answer is deemed filed. The Clerk of the Court is DIRECTED to

correct the docket entry to reflect that Doc. 18 is an amended answer, rather than a motion to amend.

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In future, no amended pleading may be filed absent a motion seeking to do so or a stipulation of all the parties to do so
and the Court’s order permitting it.

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The plaintiff is entitled to take further action related to the amended answer, if it deems necessary;
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The motion to dismiss whatever counterclaims may have been asserted in the original

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answer (Doc. 13) and the motion to strike extraneous matter in the original answer (Doc. 14) are

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MOOT.

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IT IS SO ORDERED.
Dated:

August 30, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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