Tabbert v. Howmedica Ostenonics Corp d/b/a Stryker Howmedica Osteonics

Filing 91

ORDER denying 89 Plaintiff's Motion to Reconsider. Signed by Judge Salvador Mendoza, Jr. (SK, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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May 25, 2016
SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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THOMAS TABBERT,

No. 2:15-CV-00039-SMJ

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Plaintiff,
ORDER

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v.
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HOWMEDICA OSTEONICS CORP.
d/b/a STRKYER HOWMEDICA
OSTEONICS, a New Jersey
corporation,
Defendant.

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Before the Court, without oral argument, is Plaintiff Talbert’s Motion to
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Reconsider, ECF No. 89. The motion seeks to clarify the statement in the Court’s
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order granting Defendant’s leave to amend answer, ECF No. 88, where the Court
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inadvertently indicated that Plaintiff was not opposing Defendant’s request.
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Counsel correctly points out that it did in fact oppose Defendant’s motion as
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evidenced by its response, ECF No. 73. The Court has reviewed the response
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including the pleadings and the file in this matters and denies the motion to
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reconsider. The Court continues to believe that it is proper in this case to allow
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the Defendant to amend their answer and assert additional claims. Fed. R. Civ. P.
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15(a)(2).

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Accordingly, IT IS HEREBY ORDERED:

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order

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Plaintiff’s Motion to Reconsider, ECF No. 89, is DENIED.

and provide copies to all counsel.
DATED this 25th day of May 2016.

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SALVADOR MENDOZA, JR.
United States District Judge

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C:\Users\DEBBIE~1\AppData\Local\Temp\notesC62F23\deny order reconsider amend answer docx

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