Opinion
No. 08-0795-DRH.
August 20, 2009
ORDER
Now before the Court is Plaintiff's August 14, 2009 motion to strike Defendant's affirmative defense (Doc. 22). On August 18, 2009, Defendant filed a response concurring with the Plaintiff's motion to strike affirmative defense (Doc. 23). Defendant agrees that the affirmative defense of qualified immunity should be stricken and asks for leave to re-raise this affirmative defense should an issue or claim arise to which qualified immunity may apply. Based on the pleadings, the Court GRANTS Plaintiff's motion to strike. The Court STRIKES Defendant's affirmative defense of qualified immunity. Further, the Court ALLOWS Defendant leave to file a motion seeking leave to amend/add this affirmative defense, if necessary.