U.S. BANK, NATIONAL ASSOCIATION v. ROSENBERG

Filing 33

MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFF'S MOTION TO DISMISS DEFT'S COUNTERCLAIMS (DOC. #11) AND ITS MOTION TO STRIKE DEFT'S AFFIRMATIVE DEFENSES (DOC. #12) ARE GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/24/2013. 1/24/2013 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
U.S. BANK, NATIONAL ASSOCIATION,
:
Plaintiff/Counterclaim Defendant, :
:
CIVIL ACTION
v.
:
:
NO. 12-723
MAURY ROSENBERG,
:
Defendant/Counterclaim Plaintiff. :
ORDER
AND NOW, this 24th day of January 2013, upon consideration of Plaintiff’s Motion to
Dismiss Defendant’s Counterclaims (Doc. No. 11) and its Motion to Strike Defendant’s Affirmative
Defenses (Doc. No. 12), Defendant’s responses in opposition thereto, Plaintiff’s reply briefs,
Defendant’s sur-reply, and Plaintiff’s Notice of Recent Supplemental Authority, and for the reasons
stated in the Opinion filed this day, it is hereby ORDERED that the Motions are GRANTED in
part and DENIED in part as follows:
1.

The Motion to Dismiss is GRANTED in part and Counterclaim Count III is

DISMISSED with prejudice. The Motion is DENIED in all other respects.
2.

The Motion to Strike is GRANTED in part and Defendant’s Third, Fifth through

Eleventh, Fourteenth, Fifteenth, Seventeenth through Twenty-Fifth, Thirtieth, and Thirty-First
Affirmative Defenses are STRICKEN. The Motion is DENIED in all other respects. Defendant is
granted leave to amend his Fifteenth Affirmative Defenses within seven (7) days of the date of this
Order.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
________________________
CYNTHIA M. RUFE, J.