Synovus Bank v. Bokke IV, LLC et al

Filing 26

ORDER Denying as moot 17 Motion to Strike Answer to Complaint and 19 Motion to Dismiss Counterclaims. Signed by Magistrate Judge Dennis Howell on 08/02/11. (emw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11cv71 SYNOVUS BANK, Plaintiff, v. BOKKE, IV, LLC, JAMES ELEY, JOHN KELLY SR., LAURA KELLY, MARK P. KELLY, SIMON MANNION, MARLON NIEMAND, and JOHN G. RECKENBEIL, Defendants. ___________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER In their Answer to Plaintiff’s Complaint, Defendants asserted Counterclaims and a Third Party Complaint. Plaintiff then moved to strike the Answer and Third Party Complaint [# 17] and moved to dismiss the Counterclaims [# 19]. 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 [# 19] and Motion to Strike Answer to Complaint [# 17]. Signed: August 2, 2011

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