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Steve Davis v. Fitzgerald

April 29, 2013

STEVE DAVIS, PLAINTIFF(S),
v.
FITZGERALD, ET AL., DEFENDANT(S).



The opinion of the court was delivered by: Nancy J. Koppe United States Magistrate Judge

ORDER GRANTING MOTION TO STRIKE THE LIVING TRUST OF MICHAEL J. (Docket No. 27)

Pending before the Court is Defendant's motion to strike portions of Plaintiff's answer to counterclaim. Docket No. 27; see also Docket No. 24 (answer to counterclaim). Defendant's motion is brought pursuant to Fed. R. Civ. P. 12(f). Plaintiff failed to file a response and the Court finds the motion may be granted as unopposed. See Local Rule 7-2(b). Moreover, the Court has reviewed the motion and finds it meritorious. Accordingly, for good cause shown and as unopposed, the Court GRANTS the motion to strike.

As such, Docket No. 24 is stricken in its entirety. No later than May 6, 2013, Defendant's counsel shall file a copy of Plaintiff's answer with the following redacted:

All portions of the document title (1:9-1:12) other than "Answer to Counterclaim"; All text from 1:20 (after "Goldstrike Trust") through 2:2; and All text from 3:15 through 5:22.

IT IS SO ORDERED.

20130429

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