Ellering et al v. Sellstate Realty Systems Network, Inc. et al

Filing 99

ORDER regarding Motion to Strike and Motions for Summary Judgment; Defendants shall file a Motion to Strike Plaintiffs Reply to their Counterclaims, if any, on or before June 20, 2011. (Written Opinion). Signed by Judge Richard H. Kyle on 06/13/11. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

John Ellering, et al.,
Plaintiffs,
Civ. No. 10-1025 (RHK/LIB)
ORDER
v.
Sellstate Realty Systems Network, Inc.,
et al.,
Defendants.

This matter is before the Court sua sponte.
As indicated in the Court’s conference call with counsel earlier today, IT IS
ORDERED that Defendants shall file a Motion to Strike Plaintiff’s Reply to their
Counterclaims, if any, on or before June 20, 2011. In the absence of such a Motion, the
Court will deem Defendants to have conceded that their Motion for Default Judgment
(Doc. No. 78) on the counterclaims is moot and will deny the Motion as such.
In addition, while the parties should continue briefing all of the claims at issue in
the cross-Motions for Summary Judgment, at this juncture the Court intends to hear
argument only with respect to Count VIII of Plaintiffs’ First Amended Complaint. If,
after the cross-Motions are fully briefed, the Court intends to entertain argument on the
remaining claims, counsel will be so notified.

Dated: June 13, 2011

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge