Synovus Bank v. Gilliand et al
Filing
20
ORDER denying as moot 12 Motion to Strike Answer to Complaint & 14 Motion to Dismiss Counterclaims. Signed by Magistrate Judge Dennis Howell on 8/2/11. (nll)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv67
SYNOVUS BANK,
)
)
Plaintiff,
)
)
v.
)
)
ROBERT GILLIAND and JOSEPHINE )
GILLIAND,
)
)
Defendants.
)
___________________________________ )
ORDER
In their Answer to Plaintiff’s Complaint, Defendants asserted Counterclaims
and a Third Party Complaint. Plaintiff then moved to strike the Third Party Complaint
[# 12] and moved to dismiss the Counterclaims [# 14]. Within twenty-one days of the
filing of the Motion to Dismiss, Defendants filed an Amended Answer, which they
were allowed to do as a matter of course. See Fed. R. Civ. P. 15(a). The Amended
Answer, however, supercedes the original Answer, Counterclaims, and Third Party
Complaint.
Accordingly, the Court DENIES as moot the Motion to Dismiss
Counterclaims [# 14] and Motion to Strike Answer to Complaint [# 12].
Signed: August 2, 2011
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?