Malibu Media, LLC v. Fantalis et al

Filing 67

MINUTE ORDER withdrawing 64 Motion to Strike and granting 66 Motion to Strike. 62 Second Amended Answer and Counterclaim is stricken. By Magistrate Judge Michael E. Hegarty on 8/30/12.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-00886-MEH MALIBU MEDIA, LLC, Plaintiffs, v. JEFF FANTALIS, and BRUCE DUNN, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on August 30, 2012. In light of the “Notice of Withdrawal” filed by the Plaintiff [docket #65], Plaintiff’s Unopposed Motion to Strike Defendant’s Second Amended Counterclaim [filed August 29, 2012; docket #64] is withdrawn. Before the Court is Plaintiff’s Agreed Motion to Strike Defendant’s Second Amended Counterclaim [filed August 29, 2012; docket #66]. According to the Plaintiff, Defendant Fantalis agrees that his Second Amended Answer and Counterclaim was filed in contravention of Fed. R. Civ. P. 15(a). The Court agrees as well; thus, the motion is granted. The Clerk of the Court is directed to strike from the record Defendant Fantalis’ Second Amended Answer and Counterclaim [docket #62]. The action will proceed on Defendant Fantalis’ First Amended Answer and Counterclaim [docket #39].

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