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)

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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 1 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) Marianne C. Holzhall (#6204057) McGarry & McGarry, LLC 120 North LaSalle Street, Suite 1100 Chicago, IL 60602 (312) 345-4600 Attorneys for Rude Music, Inc. 2 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 3

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