Opinion
CIVIL ACTION NO. 12-723
01-24-2013
U.S. BANK, NATIONAL ASSOCIATION, Plaintiff/Counterclaim Defendant, v. MAURY ROSENBERG, Defendant/Counterclaim Plaintiff.
ORDER
AND NOW, this 24th day of January 2013, upon consideration of Plaintiff's Motion to Dismiss Defendant's Counterclaims (Doc. No. 11) and its Motion to Strike Defendant's Affirmative Defenses (Doc. No. 12), Defendant's responses in opposition thereto, Plaintiff's reply briefs, Defendant's sur-reply, and Plaintiff's Notice of Recent Supplemental Authority, and for the reasons stated in the Opinion filed this day, it is hereby ORDERED that the Motions are GRANTED in part and DENIED in part as follows:
1. The Motion to Dismiss is GRANTED in part and Counterclaim Count III is DISMISSED with prejudice. The Motion is DENIED in all other respects.
2. The Motion to Strike is GRANTED in part and Defendant's Third, Fifth through Eleventh, Fourteenth, Fifteenth, Seventeenth through Twenty-Fifth, Thirtieth, and Thirty-First Affirmative Defenses are STRICKEN. The Motion is DENIED in all other respects. Defendant is granted leave to amend his Fifteenth Affirmative Defenses within seven (7) days of the date of this Order.
It is so ORDERED.
BY THE COURT:
______________________
CYNTHIA M. RUFE , J.