FEDERAL TRADE COMMISSION v. HOPE NOW MODIFICATIONS, LLC et al

Filing 123

ORDER granting in part and denying in part FTC's 101 Motion to Strike affirmative defenses. Motion is GRANTED as to Defts' 4th, 6th, 7th, 8th & 9th affirmative defenses & DENIED as to Defts' 1st, 2nd, 3rd, 5th & 10th affirmative defenses. ORDERED that Defts shall supply all required initial disclosures of witnesses and documents with respect to each remaining defense w/in 14 days. Signed by Judge Jerome B. Simandle on 3/10/2011. (drw, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

FEDERAL TRADE COMMISSION, Plaintiff, v.

HON. JEROME B. SIMANDLE Civil No. 09-1204 (JBS/JS) ORDER

HOPE NOW MODIFICATIONS, LLC, et al., Defendants.

This matter having come before the Court upon the FTC's motion to strike the Kwasnik Defendants' affirmative defenses [Docket Item 101]; the Court having considered the arguments advanced by the FTC in support thereof and the opposition filed by the Kwasnik Defendants thereto; for the reasons discussed in the Opinion of today's date; and for good cause shown; IT IS this 10th day of March, 2011 hereby

ORDERED that the FTC's motion to strike affirmative defenses shall be, and hereby is, GRANTED IN PART AND DENIED IN PART. motion is granted as to Defendants' fourth, sixth, seventh, eighth and ninth affirmative defenses and denied as to Defendants' first, second, third, fifth and tenth affirmative defenses; and it is further The

ORDERED that Defendants shall supply all required initial disclosures of witnesses and documents with respect to each remaining defense, pursuant to Rule 26(a)(1)(A), within fourteen (14) days of the entry of this Order.

s/ Jerome B. Simandle Jerome B. Simandle United States District Judge

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