Opinion
Case No. C07-5000RBL.
November 19, 2007
ORDER
THIS MATTER comes on before the above-entitled Court upon Plaintiff's Motion for Partial Summary Judgment [Dkt. #22]. Having considered the entirety of the records and file herein, the Court hereby rules as follows:
Plaintiff seeks partial summary judgment against the defendants based upon the defendants' Answer which asserted as an affirmative defense: "The search warrant was issued without probable cause." On November 6, 2007 the Court entered an Order allowing defendants to amend their Answer and delete this affirmative defense. [Dkt. #27]. In allowing the amendment, the Court found that the above-quoted language was an obvious typographical error, and that plaintiff was not unduly prejudiced by the amendment. [Id.]. Because the Answer has been amended striking the obviously erroneous defense, the basis for plaintiff's motion for partial summary judgment has been removed from the case. Therefore, plaintiff's Motion for Partial Summary Judgment [Dkt. #22] is DENIED.