Opinion
Civil Action No. 12-cv-00886-MEH
08-30-2012
MINUTE ORDER
Entered by Michael E. Hegarty , United States Magistrate Judge, on August 30, 2012.
In light of the "Notice of Withdrawal" filed by the Plaintiff [docket #65], Plaintiff's Unopposed Motion to Strike Defendant's Second Amended Counterclaim [filed August 29, 2012; docket #64] is withdrawn.
Before the Court is Plaintiff's Agreed Motion to Strike Defendant's Second Amended Counterclaim [filed August 29, 2012; docket #66]. According to the Plaintiff, Defendant Fantalis agrees that his Second Amended Answer and Counterclaim was filed in contravention of Fed. R. Civ. P. 15(a). The Court agrees as well; thus, the motion is granted. The Clerk of the Court is directed to strike from the record Defendant Fantalis' Second Amended Answer and Counterclaim [docket #62]. The action will proceed on Defendant Fantalis' First Amended Answer and Counterclaim [docket #39].