Synovus Bank v. Osada

Filing 17

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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11cv115 SYNOVUS BANK, Plaintiff, v. JANA M. OSADA, Defendant. ___________________________________ ) ) ) ) ) ) ) ) ) ) ORDER 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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