Synovus Bank v. Philsmith, LLC et al
Filing
16
ORDER Denying as moot 7 Motion to Strike Answer to Complaint and 9 Motion to Dismiss. Signed by Magistrate Judge Dennis Howell on 08/02/11. (emw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv70
SYNOVUS BANK,
Plaintiff,
v.
PHILSMITH, LLC,
Defendant.
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ORDER
In its Answer to Plaintiff’s Complaint, Defendant asserted Counterclaims and
a Third Party Complaint. Plaintiff then moved to strike the Third Party Complaint
[# 7] and moved to dismiss the Counterclaims [# 9]. Within twenty-one days of the
filing of the Motion to Dismiss, Defendant filed an Amended Answer, which it was
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 [# 9]
and Motion to Strike Answer to Complaint [# 7].
Signed: August 2, 2011
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