United States Welding, Inc. v. Tecsys, Inc.
ORDER Denying 130 Motion To Strike Defendants FirstAmended Affirmative Defenses. Signed by Judge Robert E. Blackburn on 3/29/2016.(cmira)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-00778-REB-MEH
UNITES STATES WELDING, INC., a Colorado corporation,
TECSYS, INC., a Canadian corporation,
ORDER DENYING MOTION TO STRIKE
This matter is before me on the Motion To Strike Defendant’s First Amended
Affirmative Defenses [#130]1 filed July 6, 2015. The defendant filed a response
[#143], and the plaintiff filed a reply [#152]. I deny the motion.
Previously, the plaintiff, United States Welding, Inc., filed a motion [#94] to strike
the affirmative defenses of the defendant, TECSYS, Inc. United States Magistrate
Judge Michael E. Hegarty granted that motion in an order [#118] entered June 4, 2015.
In his order, Judge Hegarty observed:
Rule 8(b)(1)(A) requires that, in responding to a pleading, a party must
state in short and plain terms its defense to each claim asserted against it.
Fed. R. Civ. P. 8(b)(1)(A). Unlike Rule 8(a)(2), Rule 8(b)(1)(A) does not
include a requirement that the pleading “sho[w] that the pleader is entitled
to relief.” However, the defenses must be stated so as to give notice to a
claimant, who can then use the discovery process to investigate more fully
the factual basis supporting the defense.
“[#130]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
Order [#113], pp. 4-5 (internal quotation and citation omitted). In addition, I note, Rule
8(c)(1) provides that a party responding to a pleading must “affirmatively state” any
In his order, Judge Hegarty found that “Tecsys has simply listed 25, onesentence defenses in which the majority refer to ‘one or more’ of USW’s claims. These
listed defenses do nothing to give USW notice of which claim Tecsys intends each
defense to be applied.” Id., p. 5 (citation to the record omitted). On June 19, 2015,
TECSYS filed its first amended answer [#126] which includes a re-statement of its
affirmative defenses. As shown in the redline version of the amended answer [#127],
TECSYS re-worded its affirmative defenses to apply to all of the claims of the plaintiff,
all of the tort-based claims of the plaintiff, or all of the contract-based claims of the
plaintiff. US Welding now argues that this statement of affirmative defenses remains
inadequate because TECSYS fails to allege any affirmative facts in support of its
I find that the affirmative defenses of TECSYS, as stated in its amended answer
[#126], comply with the requirement of Rule 8(c) that a party “affirmatively state” any
affirmative defense and the requirements of the order [#113] of Judge Hegarty.
TECSYS now has specified which claim or type of claims TECSYS intends each
affirmative defense to apply. With that, US Welding had the opportunity, as suggested
previously by Judge Hegarty, to “use the discovery process to investigate more fully the
factual basis supporting the defense.” Order [#113], p. 5 (internal quotation and citation
THEREFORE, IT IS ORDERED that the Motion To Strike Defendant’s First
Amended Affirmative Defenses [#130] filed July 6, 2015, is denied.
Dated March 29, 2016, at Denver, Colorado.
BY THE COURT:
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