IHOP IP, LLC et al v. International House of Prayer et al

Filing 44

MOTION to amend/correct Summons Issued to International House of Prayer East Bay, MOTION to strike Certain Affirmative Defenses filed by Mark McKay Iba on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/13/2012 unless otherwise directed by the court. (Related document(s)[]) (Iba, Mark)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
IHOP IP, LLC et al.,
Plaintiffs,
vs.
INTERNATIONAL HOUSE OF PRAYER
et al.,
Defendants.

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Case No.: 4:11-cv-00548-NKL

MOTION TO AMEND INITIAL SUMMONS
AND STRIKE CERTAIN AFFIRMATIVE DEFENSES
Plaintiffs IHOP IP, LLC and International House of Pancakes, LLC ("IHOP")
respectfully move the Court to amend the initial summons under Federal Rule of Civil
Procedure 4(a) to reflect that that service on International House of Prayer East Bay was
also service on defendant The Prayer Furnace, Inc., which does business under the fictitious
name International House of Prayer East Bay.
IHOP further moves the Court to strike The Prayer Furnace's affirmative defenses
relating to proper service or the filing of a proper return of service as insufficient and
inapplicable under Federal Rule of Civil Procedure 12(f). This motion is supported by the
accompanying Suggestions in Support of Motion to Amend Initial Summons and Strike
Certain Affirmative Defenses and the exhibit attached thereto.
WHEREFORE, IHOP respectfully requests that its motion be granted, that the initial
summons be amended as requested, and the affirmative defenses relating to proper service
and the filing of a proper return of service be struck from East Bay's Answer to the Second
Amended Complaint.

DB04/808085.0002/5679265.1 DD02

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Respectfully submitted,

/s/ Mark M. Iba
Mark D. Hinderks (MO Bar No. 58124)
Mark M. Iba (MO Bar No. 45452)
Elizabeth A. Tassi (MO Bar No. 59621)
STINSON MORRISON HECKER LLP
1201 Walnut Street, Suite 2900
Kansas City, Missouri 64106
[phone] (telephone)
[phone] (facsimile)
Attorneys for Plaintiffs
IHOP IP, LLC and INTERNATIONAL HOUSE
OF PANCAKES, LLC
CERTIFICATE OF SERVICE
I hereby certify that on January 27, 2012, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system, which sent notification of such filing to the
following:
Keith J. Grady
John M. Challis
Karen M. Zelle
POLSINELLI SHUGHART PC
100 S. Fourth Street, Suite 1000
St. Louis, MO 63102
[e-mail]
[e-mail]
[e-mail]
Lauren Tucker McCubbin
POLSINELLI SHUGART PC
120 West 12th Street, Suite 1800
Kansas City, MO 64105
[e-mail]
ATTORNEYS FOR DEFENDANTS INTERNATIONAL HOUSE OF PRAYER,
FRIENDS OF THE BRIDEGROOM, INC., SHILOH MINISTRIES, INC., AND MIKE
BICKLE

DB04/808085.0002/5679265.1 DD02

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Diane Waters
BENNETT, BODINE & WATERS, P.A.
11125 Johnson Drive
Shawnee, KS 66203
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendant
THE PRAYER FURNACE, INC.
d/b/a INTERNATIONAL HOUSE OF
PRATER EAST BAY

/s/ Mark M. Iba
Attorney for Plaintiffs

DB04/808085.0002/5679265.1 DD02

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