InterMetro Industries Corporation v. Enovate Medical, LLC

Filing 226

ORDER 1. Plaintiffs Motion for Leave to File aThird Amended Complaint (Doc. 166) is GRANTED as follows: a. Within SEVEN (7) DAYS from the date of this Order, Plaintiff shall file its Third Amended Complaint in the form submitted to this Court. b. Plaintiff may file its Third Amended Complaint in redacted form or under seal if necessary, so long as the Court is provided with an unredacted copy of the Third Amended Complaint. 2. Plaintiffs Motion to Dismiss Enovate's Counterclaims III and IV and Enovate's Third Affirmative Defense Pursuant to Fed. R. Civ. P. 12{b)(6) (Doc. 146) is DENIED AS MOOT. Should it so choose, Plaintiff may file anew motion to dismiss at such timewhen Defendant has filed its Answer, Counterclaims, and Affirmative Defenses in response to Plaintiffs Third Amended Complaint.Signed by Honorable Robert D. Mariani on 3/7/17. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

INTERMETRO INDUSTRIES CORP.,

Plaintiff,

v.

3:13-CV-02854
(JUDGE MARIANI)

ENOVATE MEDICAL, LLC,
Defendant.
ORDER
AND NOW, THIS :t!J;DAY OF MARCH, 2017, upon consideration of
InterMetro Industries Corporation's Motion for Leave Under Fed. R. Civ. P. 15(d) to File a
Third Amended Complaint (Doc. 166), IT IS HEREBY ORDERED THAT:
1. Plaintiffs Motion for Leave to File a Third Amended Complaint (Doc. 166) is
GRANTED as follows:
a. Within SEVEN (7) DAYS from the date of this Order, Plaintiff shall file its
Third Amended Complaint in the form submitted to this Court.
b. Plaintiff may file its Third Amended Complaint in redacted form or under seal
if necessary, so long as the Court is provided with an unredacted copy of the
Third Amended Complaint.
2. Plaintiffs Motion to Dismiss Enovate's Counterclaims III and IV and Enovate's Third
Affirmative Defense Pursuant to Fed. R. Civ. P. 12{b)(6) (Doc. 146) is DENIED AS
MOOT. Should it so choose, Plaintiff may file a new motion to dismiss at such time

when Defendant has filed its Answer, Counterclaims, and Affirmative Defenses in
response to Plaintiffs Third Amended Complaint.