SMITH v. WAL-MART STORES INC

Filing 31

ORDER: 21 Motion to Strike WAL-MART's 9 First Affirmative Defenses is TERMINATED as moot. Signed by MAGISTRATE JUDGE GARY R JONES on 5/2/2012. (jws)

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THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
BRANDON RICARDO SMITH,
Plaintiff,
vs.

CASE NO. 1:11-cv-226-MP-GRJ

WAL-MART STORES, INC.,
Defendant,
__________________________/
ORDER
This matter is before the Court upon Plaintiff’s Motion To Strike Wal-Mart’s First
Affirmative Defenses. (Doc. 21.) Plaintiff asks the Court to strike certain of the
affirmative defenses contained in Defendant’s answer to the Complaint. (Doc. 9.)
However, Plaintiff filed his Second Amended Complaint adding a retaliation claim to this
case on April 20, 2012. (Doc. 25.) As such, Defendant will be required to file a
response to the Second Amended Complaint which will supersede Defendant’s answer
to the complaint thus rendering Plaintiff’s Motion to Strike as moot.
Accordingly, it is ORDERED that:
Plaintiff’s Motion To Strike Wal-Mart’s First Affirmative Defenses (Doc. 21) is
TERMINATED as moot.
DONE AND ORDERED this 2nd day of May, 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge