Warren v. St. Joseph Medical Center

Filing 13

ORDERED denying as moot 9 plaintiff's motion to strike. Signed on 9/15/2011 by Chief District Judge Fernando J. Gaitan, Jr. (Baldwin, Joella)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
ROBERT D. WARREN,
Plaintiff,
v.
ST. JOSEPH MEDICAL CENTER,
Defendant.

)
)
) No. 11-0729-CV-W-FJG
)
)
)

ORDER
Pending before the Court is Plaintiff’s Motion to Strike Affirmative Defenses of
Defendant’s Answer with Suggestions in Support Thereof (Doc. No. 9). On September 6,
2011, Defendant filed an amended answer (Doc. No. 10) and suggestions in opposition
(Doc. No. 11), indicating that the motion to strike is moot given that plaintiff consents to the
filing of an amended answer. On September 14, 2011, defendant filed a notice of plaintiff’s
written consent to the filing of the first amended answer (Doc. No. 12).
Defendant may amend its pleading with the opposing parties’ written consent
according to Fed. R. Civ. P. 15(a)(2). Accordingly, as plaintiff has consented in writing to
the filing of the amended answer, plaintiff’s motion to strike (Doc. No. 9) will be DENIED
AS MOOT.
IT IS SO ORDERED.

Dated: 9/15/2011
Kansas City, Missouri.

/s/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
Chief United States District Judge