Kauer et al v. Nostalgia Products Group, LLC

Filing 43

ORDER granting 33 Motion to Seal; granting 35 Motion to Amend/Correct; denying as moot 41 Motion for Hearing. Signed by Magistrate Judge David S. Cayer on 2/27/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO.: 3:11-cv-330-RJC-DSC
FRANK KAUER and
ACCESS ASIA (H.K.) LIMITED,

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Plaintiffs,
v.
NOSTALGIA PRODUCTS GROUP, LLC
Defendant.
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ORDER
THIS MATTER is before the Court on Defendant’s “Motion for Leave to File Amended
Answer to Complaint and Counterclaim” (document #35), “Motion for Leave to File Under Seal
Exhibits 2, 3, 4 and 5 to the Declaration of Dennis G. Martin [filed in Support of Motion for
Leave to Amend]” (document #33), and “Motion for Hearing” (document #41), as well the
parties’ associated briefs and exhibits. See documents ##34 and 36-40.
Defendant seeks to assert an eighth affirmative defense for set-off in response to
Plaintiff’s claim for patent infringement.

The Court has carefully reviewed the parties’

submissions and the applicable authority. For the reasons stated in Defendant’s Motion and
briefs, the Court will grant the Motion.
As Defendant clarifies in its Reply, due to a scrivener’s error, the proposed Amended
Answer and Counterclaim (document #35-1) contains amended second and seventh affirmative
defenses. Defendant did not intend to submit these amendments and stipulates that they may be
stricken. Rather than strike them, the Court will direct Defendant to file a corrected amended
pleading with the extraneous material removed.

NOW, THEREFORE IT IS HEREBY ORDERED that:
1. Defendant’s “Motion for Leave to File Under Seal Exhibits 2, 3, 4 and 5 to the
Declaration of Dennis G. Martin” (document #33) is GRANTED.
2. Defendant’s “Motion for Hearing” (document #41) is DENIED AS MOOT.
3. Defendant’s “Motion for Leave to File Amended Answer to Complaint and
Counterclaim” (document #35) is GRANTED. Defendant shall file its First Amended Answer
to Complaint and Counterclaims within five (5) days of the entry of this Order.
4. The Clerk of Court is directed to send copies of this Order to the parties’ counsel; and
to the Honorable Robert J. Conrad, Jr.
SO ORDERED.

Signed: February 27, 2013

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