S & W Mobile Home & RV Park, LLC v. B&D Excavating and Underground, LLC et al

Filing 27

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 17 Motion to Strike. (BG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA S & W Mobile Home & RV Park, LLC, ) ) Plaintiff, ) ) vs. ) ) B & D Excavating and Underground, LLC, ) Bill Avery, LLC, ) ) Defendants, ) ) Assurance Company of America, ) ) Garnishee. ) ORDER DENYING MOTION TO STRIKE AS MOOT Case No. 1:17-cv-009 Before the court is a motion by the garnishee to strike an argument claiming an additional ground for remand that plaintiff raised for the first time in its reply brief in support of its motion for remand. The court DENIES the motion to strike (Doc. No. 17) on the grounds it is now MOOT with plaintiff having waived the additional ground during oral argument on the motion for remand. Dated this 25th day of July, 2017. /s/ Charles S. Miller, Jr. Charles S. Miller, Jr., Magistrate Judge United States District Court

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