Daake et al v. Auto-Owners Mutual Insurance Company et al

Filing 33

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Auto-Owners Insurance Company's Motion to File its First Amended Answer to Plaintiffs' Second Amended Petition (ECF No. 32 ) is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike Affirmative Defenses (ECF No. 28 ) is DENIED without prejudice. Signed by District Judge Ronnie L. White on June 30, 2015. (BRP)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) ) THOMAS O. DAAKE, SR. and ) ADELE Z. DAAKE, ) ) Plaintiffs, ) No. 4:15-CV-651 RLW ) v. ) ) AUTO-OWNERS INSURANCE COMPANY, ) ) and ) ) RODGER M. HUFF, II, ) ) and ) ) FIVE STAR INSURANCE AGENCY, INC., ) ) Defendants. ) MEMORANDUM AND ORDER This matter is before the Court on Defendant’s Auto-Owners Insurance Company’s Motion to File its First Amended Answer to Plaintiffs’ Second Amended Petition (“Motion”; ECF No. 32). The Court will grant Defendant’s Motion. Further, the Court finds that granting Defendant’s Motion moots Plaintiffs’ Motion to Strike Affirmative Defenses (ECF No. 28), which was directed at Defendant’s prior answer and affirmative defenses. Accordingly, IT IS HEREBY ORDERED that Defendant’s Auto-Owners Insurance Company’s Motion to File its First Amended Answer to Plaintiffs’ Second Amended Petition (ECF No. 32) is GRANTED. IT IS FURTHER ORDERED that Plaintiffs’ Motion to Strike Affirmative Defenses (ECF No. 28) is DENIED without prejudice. Dated this 30th day of June, 2015. RONNIE L. WHITE UNITED STATES DISTRICT JUDGE -2-

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