Lassiter v. Pinnacle Financial Group Incorporated

Filing 20

MINUTE ORDER denying as moot 14 Motion to Strike Defendants Affirmative Defense by Magistrate Judge Michael J. Watanabe on 1/31/13.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02992-CMA-MJW PHEBE LASSITER, Plaintiff(s), v. PINNACLE FINANCIAL GROUP INCORPORATED, Defendant(s). MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that Plaintiff’s Motion to Strike Defendant’s Affirmative Defense Pursuant to Fed. R. Civ. P. 12(f)(2) (docket no. 14) is MOOT and therefore DENIED. In Defendant’s Response (docket no 19), it is clear that Defendant has agreed to withdraw the affirmative defense of laches and therefore there was no need to file the subject motion. The affirmative defense of laches is WITHDRAWN. Each party shall pay their own attorney fees and costs for the subject motion. The parties are reminded that D.C.COLO.LCivR 7.1(A) requires that counsel confer before filing such motions like the subject motion Date: January 31, 2013

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