Petro-Hunt, L.L.C. v. Norbeck et al

Filing 29

ORDER by Magistrate Judge Charles S. Miller, Jr. finding as moot 23 Motion to Strike ; granting 26 Motion to Amend Counterclaim. (BG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Petro-Hunt, L.L.C., Plaintiff, vs. Teresa J. Norbeck, individually, as Personal Representative of the Estate of Phyllis A. Yesel, and as Trustee of the Phyllis A. Yesel Revocable Living Trust under agreement dated August 19, 2005; Charlene F. Samuelson, individually, as Personal Representative of the Estate of Phyllis A. Yesel, and as Trustee of the Phyllis A. Yesel Revocable Living Trust under agreement dated August 19, 2005; and Gloria Van Dyke, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Case No. 1:16-cv-422 On February 8, 2017, plaintiff filed a “Motion to Strike Request for Exemplary Damages.” On February 17, 2017, defendants filed a “Stipulated Motion to Amend Counterclaim.” Therein the parties agreed that: (1) defendants should be allowed to amend their counterclaim to remove the request for exemplary damages; and (2) plaintiff’s motion to strike should be deemed moot. The court GRANTS the “Stipulated Motion to Amend Counterclaim” (Docket No. 26). Defendants shall have until February 27, 2017, to file their Amended Answer and Counterclaim. Plaintiff’s "Motion to Strike Request for Exemplary Damages” (Docket No. 23) is deemed MOOT. IT IS SO ORDERED. Dated this 21st day of February, 2017. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr., Magistrate Judge United States District Court

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