Synovus Bank v. Osada
ORDER denying as moot 10 Motion to Strike Answer to Complaint & 12 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
JANA M. OSADA,
In her Answer to Plaintiff’s Complaint, Defendant asserted Counterclaims and
a Third Party Complaint. Plaintiff then moved to strike the Answer and Third Party
Complaint [# 10] and moved to dismiss the Counterclaims [# 12]. Within twenty-one
days of the filing of the Motion to Dismiss, Defendant filed an Amended Answer,
which she 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 [# 12] and Motion to Strike Answer to Complaint [# 10]. The
Court also DIRECTS the Clerk to docket the Answer to Answer [# 15] as the
Amended Answer to Complaint.
Signed: August 2, 2011
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