Rude Music Inc v. Newt 2012, Inc. et al

Filing 41

MOTION by Plaintiff Rude Music Inc to supplement its Motion to Strike Affirmative Defenses (Attachments: # 1 Exhibit A)(McGarry, Annette)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

RUDE MUSIC, INC.,
Plaintiffs,
v.
NEWT 2012, INC.,NEWT
GINGRICH, and AMERICAN
CONSERVATIVE UNION,
Defendants.

)
)
)
)
) Case No. 12 cv 640
)
) Judge Kennelly
) Magistrate Judge Finnegan
)
)
)
)
)

PLAINTIFF’S MOTION FOR LEAVE TO SUPPLEMENT
ITS MOTION TO STRIKE AFFIRMATIVE DEFENSES
Rude Music, Inc. respectfully requests leave to file a supplement to its
motion to strike certain affirmative defenses asserted by Newt 2012, Inc. and
Newt Gingrich (collectively, “Gingrich”). In support of its motion, Rude Music
states:
1.

On March 7, 2012, Rude Music filed its motion to strike. (Doc. No.

24) On March 13, 2012, the Court continued the motion to April 4, and ordered
Gingrich to file an amended answer by March 27. (Doc. No. 33) Gingrich did so.
(Doc. No. 38)
2.

Gingrich’s amended answer and affirmative defenses, for the most

part, fails to cure the defects in the initial pleading. Rude Music seeks leave to
supplement its motion to identify the uncured defects in the amended answer and
asks that this Court strike these defenses with prejudice and award Plaintiff its

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fees for having to file this Supplement. A copy of the proposed supplement is
attached as Exhibit A.
WHEREFORE, Rude Music asks that the Court grant it leave to file
Plaintiff’s Supplement to Its Motion to Strike Affirmative Defenses.

Respectfully submitted,
/s/ Annette M. McGarry
Annette M. McGarry (#6205751)
[e-mail]
Marianne C. Holzhall (#6204057)
[e-mail]
McGarry & McGarry, LLC
120 North LaSalle Street, Suite 1100
Chicago, IL 60602
[phone]
Attorneys for Rude Music, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on March 29, 2012, the foregoing Plaintiff’s Motion for
Leave to Supplement Its Motion to Strike Affirmative Defenses was electronically
filed using the CM/ECF system and served upon:
Karl Braun
Byron Lindberg
Hall, Booth, Smith & Slover, PC
611 Commerce Street, Suite 2925
Nashville, TN 37203
Brian A. Rosenblatt
Darren P. Grady
Kyra E. Flores
SmithAmundsen LLC
150 North Michigan Avenue, Suite 3300
Chicago, IL 60601
Brian E. Cohen
Steven F. Pflaum
Neal, Gerber & Eisenberg
2 North LaSalle Street, Suite 1700
Chicago, IL 69602
Thomas Kirby
Wiley Rein LLP
1776 K Street N.W.
Washington, DC 20006

/s/ Annette M. McGarry

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