BabyAge..com, Inc. v. Leachco, Inc.

Filing 13

MOTION to Strike 11 Answer to Counterclaim by Leachco, Inc., Jamie S Leach. (Attachments: # 1 Proposed Order)(Peterson, Gary)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BABYAGE.COM, INC., Plaintiff-Counterclaim Defendant, v. LEACHCO, INC., Defendant-Counterclaim Plaintiff, an d JAMIE S. LEACH, Counterclaim Plaintiff, v. JOHN M. KIEFER, JR., Counterclaim Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 3:07-cv-01600-ARC (Judge A. Richard Caputo) (electronically filed)

COUNTERCLAIM PLAINTIFFS' MOTION TO STRIKE The Counterclaim Plaintiffs move, pursuant to Rule 12(f), Federal Rules of Civil Procedure, to strike as insufficient the defenses alleged in paragraphs 27, 30 and 37-39 of the reply to counterclaims filed November 20, 2007 (Doc. 11). The grounds for this Motion are explained in the accompanying Brief. The undersigned counsel certifies that he conferred by telephone with Dr. Mitchell A. Smolow, counsel for Counterclaim Defendant Babyage.com, Inc., and sought his client's concurrence in the instant Motion. Such concurrence was refused.

1

Respectfully submitted, s/ Gary Peterson Gary Peterson OK 7068 211 N. Robinson Ave., Suite 450 South Oklahoma City, OK 73102 telephone: [phone] fax: [phone] email: [e-mail] Sean V. Kemether PA 70816 Kelly Grimes Pietrangelo & Vakil, P.C. P.O. Box 1048 Media, PA 19063-0848 telephone: [phone] fax: [phone] email: [e-mail] Attorneys for Counterclaim Plaintiffs

2

CERTIFICATE OF SERVICE I certify that I electronically transmitted this document to the Clerk using the ECF System so as to cause transmittal of a Notice of a Electronic Filing to the following ECF registrant: Dr. Mitchell A. Smolow Attorney for Plaintiff, on November 28, 2007.

s/ Gary Peterson