Smith v. Lux Retail North America, Inc.

Filing 23

ORDER DENYING MOTION TO STRIKE AFFIRMATIVE DEFENSES [re 20 First MOTION to Strike PLAINTIFFS NOTICE OF MOTION AND MOTION TO STRIKE ALL AFFIRMATIVE DEFENSES IN LUX RETAIL NORTH AMERICA, INC.S ANSWER TO FIRST AMENDED COMPLAINT filed by Emily Smith]. The 6/13/2013 (8:00 AM) hearing will remain on calendar to address the issue of subject matter jurisdiction. Signed by Judge William Alsup on 5/22/2013. (whasec, COURT STAFF) (Filed on 5/22/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 EMILY SMITH, individually and on behalf of all others similarly situated, No. C 13-01579 WHA Plaintiff, 12 13 v. 14 15 ORDER DENYING MOTION TO STRIKE AFFIRMATIVE DEFENSES LUX RETAIL NORTH AMERICA, INC., and DOES 1 through 50 inclusive, Defendants. / 16 17 Plaintiff filed a motion to strike affirmative defenses (Dkt. No. 20). In response, 18 defendant filed an amended answer. Accordingly, plaintiff’s motion to strike affirmative 19 defenses is DENIED AS MOOT. The June 13 hearing date will remain on calendar to address the 20 issue of subject matter jurisdiction. 21 22 IT IS SO ORDERED. 23 24 25 26 27 28 Dated: May 22, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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