Opinion
Civil Action No. 11-cv-02717-PAB
09-24-2012
JAMES L. NERO, individually and on behalf of a class of others similarly situated, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant.
Judge Philip A. Brimmer
ORDER
This matter is before the Court on plaintiffs' "Partial Motion to Overrule Defendant's Statute of Limitations Defense in the Pending Rule 12 Motion to Dismiss" [Docket No. 27]. The motion requests that "any putative statute of limitations Affirmative Defense be overruled from Defendant's pending Rule 12 Motion to Dismiss, [sic] for failure to state the defense with reasonable particularity." Docket No. 27 at 3. This appears to be little more than an argument for why defendant's motion to dismiss [Docket No. 20] should be denied to the extent it may rely on a statute of limitations defense. Plaintiffs have already included the same argument in their response to defendant's motion to dismiss. See Docket No. 28 at 9. The argument should be limited to that response, instead of duplicating it in the guise of a motion to "overrule" a portion of the motion to dismiss. Consequently, it is
ORDERED that plaintiffs' "Partial Motion to Overrule Defendant's Statute of Limitations Defense in the Pending Rule 12 Motion to Dismiss" [Docket No. 27] is DENIED without prejudice to consideration of the same arguments raised within plaintiffs' response to defendant's motion to dismiss.
BY THE COURT:
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PHILIP A. BRIMMER
United States District Judge