Opinion
2:24-cv-01044-JDW
04-19-2024
DEMIEN DESANDIES, Plaintiff, v. ENCORE GROUP (USA), LLC, Defendant.
ORDER
JOSHUA D. WOLSON, J.
AND NOW, this 19th day of April, 2024, upon review of my Order dated April 8, 2024 (ECF No. 13) and Defendant Encore Group (USA), LLC's Response To Order To Show Cause (ECF No. 14), and for the reasons stated in the accompanying Memorandum, it is ORDERED as follows:
1. Pursuant to Fed.R.Civ.P. 11(c)(1) and 11(c)(3), SANCTIONS are warranted;
2. Pursuant to Fed R. Civ. P. 11(c)(4), all affirmative defenses in the Defendant's Answer And Affirmative Defenses (ECF No. 6) are STRICKEN WITHOUT PREJUDICE; and
3. If Encore Group intends to file an amended Answer to assert affirmative defenses, it must file an appropriate Motion seeking leave to do so and limit the affirmative defenses to those for which it has a good faith factual basis.