Flores v. Legal Recovery Law Offices, Inc. et al
Filing
44
ORDER by Judge Thelton E. Henderson denying 33 Plaintiff's motion to strike affirmative defenses from 31 32 Defendants' answers. (tehlc3, COURT STAFF) (Filed on 11/1/2010)
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Flores v. Legal Recovery Law Offices, Inc. et al
Doc. 44
1 2 3 4 5 6 7 8 9 10 VINCE R. FLORES, Plaintiff, v. LEGAL RECOVERY LAW OFFICES, INC., and MARK D. WALSH, Defendants. NO. C10-0993 TEH ORDER DENYING PLAINTIFF'S MOTION TO STRIKE AFFIRMATIVE DEFENSES IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
11
For the Northern District of California
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This matter comes before the Court on Plaintiff Vince R. Flores's motion to strike
18 affirmative defenses from the answers filed by Defendants Legal Recovery Law Offices, Inc. 19 and Mark D. Walsh on September 30, 2010. Plaintiff filed his motion to strike on October 1, 20 2010, and noticed the motion for hearing on November 8, 2010. Defendants failed to file a 21 timely opposition or statement of non-opposition by the October 18, 2010 deadline. See Civ. 22 L.R. 7-3 (opposition or statement of opposition must be filed "not less than 21 days before 23 the hearing date"). On October 19, 2010, Defendants filed amended answers, along with a 24 late opposition brief asking the Court to deny Plaintiff's motion as moot. 25 Plaintiff correctly observes that Defendants' opposition was untimely, leaving this
26 Court the discretion not to consider it. However, Defendants' amended answers were timely 27 filed under Federal Rule of Civil Procedure 15(a)(1)(A), which allows a party to "amend its 28 pleading once as a matter of course" within "21 days after serving it." The Court therefore
Dockets.Justia.com
1 agrees that Plaintiff's motion to strike affirmative defenses from Defendants' original 2 answers is now moot. Accordingly, with good cause appearing, the November 8, 2010 3 motion hearing is VACATED, and Plaintiff's motion is hereby DENIED. 4 5 IT IS SO ORDERED. 6 7 Dated: 11/01/10 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT
United States District Court
11
For the Northern District of California
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