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FREEZE 24/7 INTERNATIONAL LLC v. WOODBRIDGE LABS, INC.

United States District Court, S.D. New York
Dec 22, 2005
05 Civ. 3429 (JGK) (S.D.N.Y. Dec. 22, 2005)

Opinion

05 Civ. 3429 (JGK).

December 22, 2005


MEMORANDUM OPINION AND ORDER


The plaintiff moved to strike the defendant's Fifth Affirmative Defense on the ground that that affirmative defense, which contained an allegation that the plaintiff had committed fraud, was not set forth with the particularity required by Rule 9(b) of the Federal Rules of Civil Procedure. Under Rule 15(a) of the Federal Rules of Civil Procedure, a "party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served." The defendant filed an amended answer on June 9, 2005, before the plaintiff filed its reply to the counterclaim contained in the answer. The motion to strike is therefore denied as moot.

SO ORDERED.


Summaries of

FREEZE 24/7 INTERNATIONAL LLC v. WOODBRIDGE LABS, INC.

United States District Court, S.D. New York
Dec 22, 2005
05 Civ. 3429 (JGK) (S.D.N.Y. Dec. 22, 2005)
Case details for

FREEZE 24/7 INTERNATIONAL LLC v. WOODBRIDGE LABS, INC.

Case Details

Full title:FREEZE 24/7 INTERNATIONAL LLC, Plaintiff, v. WOODBRIDGE LABS, INC.…

Court:United States District Court, S.D. New York

Date published: Dec 22, 2005

Citations

05 Civ. 3429 (JGK) (S.D.N.Y. Dec. 22, 2005)