Opinion
No. 4:14CV1974 RLW
06-24-2015
JAMES SALAZAR and DAWN SALAZAR, Plaintiffs, v. LANDIS+GYR TECHNOLOGY, INC., formerly doing business as CELLNET TECHNOLOGY, INC., and HENKELS & McCOY, INC., Defendants.
MEMORANDUM AND ORDER
This matter is before the Court on Defendant Henkels & McCoy, Inc.'s ("Henkels") Motion to Strike Defendant Landis+Gyr Technology, Inc.'s ("Landis+Gyr") Amended Cross Claim against Co-Defendant Henkels & McCoy, Inc. (ECF No. 40). Henkels argues that Landis+Gyr's Amended Cross Claim, filed on June 15, 2015, violates the Federal Rules of Civil Procedure because the amended claim is untimely, and Landis+Gyr did not request leave of court to file or obtain prior consent from Henkels. See Fed. R. Civ. P. 15(a). On January 28, 2015, this Court issued a Case Management Order pursuant to an agreed-upon Joint Proposed Scheduling Order and Discovery Plan. (ECF No. 15) The CMO provides that "[a]ll motions for joinder of additional parties or amendment of pleadings shall be filed no later than June 15 , 2015 ." (Case Management Order, ECF No. 19)
In response to Henkels' Motion to Strike, Landis+Gyr states that its Amended Cross Claim complies with the June 15, 2015 deadline set forth in the CMO. The Court agrees and finds that Landis+Gyr's Amended Cross Claim was timely filed in accordance with the CMO. Therefore, the Court will deny Henkels' Motion to Strike.
Accordingly,
IT IS HEREBY ORDERED that Defendant Henkels & McCoy, Inc.'s Motion to Strike Defendant Landis+Gyr Technology, Inc.'s Amended Cross Claim against Co-Defendant Henkels & McCoy, Inc. (ECF No. 40) is DENIED.
IT IS FURTHER ORDERED that Defendant Henkels & McCoy, Inc.'s Motion to Dismiss Landis+Gyr Technology, Inc.'s Cross Claim Pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 22) is DENIED as MOOT. Dated this 24th day of June, 2015.
/s/_________
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE