Tirawi Enterprises LLC v. Mustafa, Saad et al

Filing 26

OPINION AND ORDER denying as moot 13 Motion to Strike; denying as moot 17 Motion for Leave to File. Signed by District Judge Barbara B. Crabb on 2/4/15. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TIRAWI ENTERPRISES LLC, d/b/a Smokers
World Discount Tobacco & More,
OPINION AND ORDER
Plaintiff,
14-cv-644-bbc
v.
SAAD MUSTAFA and SIM, INC., d/b/a Smokers
World Discount Tobacco & More,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In this civil action, plaintiff Tirawi Enterprises, LLC filed a motion to strike
defendants Saad Mustafa’s and SIM, Inc.’s answer, dkt. #13, and defendants filed a motion
for leave to file an amended answer, dkt. #17.

After these filings, the court held a

preliminary pretrial conference. The magistrate judge gave the parties until January 30,
2015 to file amended pleadings without leave from the court. On January 30, defendants
filed an amended answer and counterclaim, dkt. #25, which moots the pending motions.
National Pork Producers Council v. Jackson, 2009 WL 1255557, *1 (W.D. Wis. May 1,
2009) (filing of amended complaint moots motion to dismiss). Therefore, the motion to
strike defendants’ answer, dkt. #13, and the motion for leave to file an amended answer,
dkt. #17, are DENIED as moot.

If plaintiff wishes to reassert its arguments against

defendants’

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answer, it will have to renew its motion or file a new one.
Entered this 4th day of February, 2015.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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