Chen v. DeSoto County, Florida

Filing 62

ORDER granting 59 Defendant DeSoto County's Motion to Strike Plaintiff's Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint. Plaintiff's Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #54) is hereby striken. Signed by Magistrate Judge Sheri Polster Chappell on 10/21/2010. (LMH)

Chen v. DeSoto County, Florida

Doc. 62

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GUANG CHEN, Plaintiff, -vsDESOTO COUNTY, FLORIDA, a political subdivision of the State of Florida, and JASON GREEN, individually and as County Planning Manager for DeSoto County, Florida, Defendants. ______________________________________ Case No. 2:09-cv-752-FtM-36SPC

ORDER This matter comes before the Court on Defendant DeSoto County's Motion to Strike Plaintiff's Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #59) filed on October 13, 2010. Plaintiff filed his First Amended Complaint on September 9, 2010 (Doc. #49). Defendant filed its Answer and Affirmative Defenses on September 20, 2010 (Doc. #51). Thereafter on October 1, 2010, Plaintiff filed a Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #54). A response to an answer is not allowed under the Federal Rules and Plaintiff did not seek leave of Court to file such a pleading. Therefore, the pleading is due to be striken. Accordingly, it is now ORDERED: Defendant DeSoto County's Motion to Strike Plaintiff's Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #59) is GRANTED.

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Plaintiff's Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #54) is hereby striken. DONE AND ORDERED at Fort Myers, Florida, this 20th day of October, 2010.

Copies: All Parties of Record

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