Opinion
Civil Action No. 05-CV-01233-LTB-MJW.
June 22, 2007
ORDER
This case is before me on "Defendant Leonard Cohen's Reply Brief in Support of His Motion for Leave to File His Amended Answer to Second Amended Complaint, His Amended Counterclaims, and His Jury Demand." At footnote 13, page 20, Cohen states that he is "now withdrawing these re-pleaded claims for fraud and negligence, without prejudice." Thus, Cohen attaches as Exhibit 1 to this Reply Brief a new version of the proffered Amended Counterclaims, . . ." It thus appears that the applicable tendered amended pleading is that attached as Exhibit 1 to Cohen's Reply Brief. In the exercise of discretion, it appears that further briefing may be of assistance to the Court regarding the motion to amend. According
IT IS ORDERED that Agile Group, LLC, may file a sur-reply not to exceed 10 pages within 10 days from the date of this Order. Cohen may file further reply, not to exceed 10 pages, within 10 days thereafter.