Opinion
Case No. 2:09-cv-752-FtM-36SPC.
October 21, 2010
ORDER
This matter comes before the Court on Defendant DeSoto County's Motion to Strike Plaintiff's Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #59) filed on October 13, 2010. Plaintiff filed his First Amended Complaint on September 9, 2010 (Doc. #49). Defendant filed its Answer and Affirmative Defenses on September 20, 2010 (Doc. #51). Thereafter on October 1, 2010, Plaintiff filed a Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #54). A response to an answer is not allowed under the Federal Rules and Plaintiff did not seek leave of Court to file such a pleading. Therefore, the pleading is due to be striken.
Accordingly, it is now
ORDERED:
Defendant DeSoto County's Motion to Strike Plaintiff's Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #59) is GRANTED. Plaintiff's Response to Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint (Doc. #54) is hereby striken.
DONE AND ORDERED at Fort Myers, Florida, this 20th day of October, 2010.