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Voter Verified, Inc. v. Premier Election Solutions

United States District Court, M.D. Florida, Orlando Division
Apr 28, 2010
Case No. 6:09-cv-1968-Orl-19KRS (M.D. Fla. Apr. 28, 2010)

Opinion

Case No. 6:09-cv-1968-Orl-19KRS.

April 28, 2010


ORDER


This case comes before the Court on the Motion to Strike Insufficient Defenses of Diebold, Incorporated by Voter Verified, Inc. (Doc. No. 30, filed Jan. 5, 2010.)

Analysis

On November 19, 2009, Voter Verified, Inc. ("VVI") filed the present action against Premier Election Solutions, Inc. ("PES") and Diebold Inc. ("Diebold"). (Doc. No. 1.) Diebold filed an untimely Answer and Counterclaim against VVI on December 16, 2009. (Doc. No. 16.) VVI filed the present Motion to Strike Insufficient Defenses on January 5, 2010. (Doc. No. 30.) On April 22, 2010, the Court granted Diebold leave to file an amended answer and counterclaim, which Diebold filed the same day. (Doc. Nos. 102-03.) Accordingly, the Court will deny VVI's Motion to Strike Insufficient Defenses (Doc. No. 30) as moot in light of the Amended Answer and Counterclaim. (Doc. No. 103.)

On January 7, 2010, Diebold filed a Motion to File Answer and Counterclaim out of Time (Doc. No. 31), which was granted on March 18, 2010. (Doc. No. 93).

Conclusion

Based on the foregoing, the Motion to Strike Insufficient Defenses of Diebold, Incorporated by Voter Verified, Inc. (Doc. No. 30, filed Jan. 5, 2010) is DENIED as moot. Voter Verified, Inc. is granted leave to file a second motion to strike in light of the Amended Answer and Counterclaim. (Doc. No. 103).

DONE and ORDERED in Orlando, Florida.


Summaries of

Voter Verified, Inc. v. Premier Election Solutions

United States District Court, M.D. Florida, Orlando Division
Apr 28, 2010
Case No. 6:09-cv-1968-Orl-19KRS (M.D. Fla. Apr. 28, 2010)
Case details for

Voter Verified, Inc. v. Premier Election Solutions

Case Details

Full title:VOTER VERIFIED, INC., Plaintiff, v. PREMIER ELECTION SOLUTIONS, INC.…

Court:United States District Court, M.D. Florida, Orlando Division

Date published: Apr 28, 2010

Citations

Case No. 6:09-cv-1968-Orl-19KRS (M.D. Fla. Apr. 28, 2010)