IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHWESTERN DIVISION
May 14, 2012
UNITED STATES OF AMERICA FOR THE USE AND BENEFIT OF IBARRA TRUCKING, INC.; AND IBARRA TRUCKING, INC.,
PERSONS SERVICE COMPANY, LLC; BYRD BROTHERS EMERGENCY SERVICES, LLC; AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge
On May 3, 2012, defendants' filed a Motion for Strike. Defendants seek an order from the court striking paragraphs 17, 70, and 71 of plaintiffs' complaint on the grounds that these paragraphs reference inadmissible and immaterial settlement discussions.
On May 7, 2012, plaintiffs filed a motion requesting leave to file an amended complaint as well as a response in opposition to defendants' motion. Plaintiffs seek leave of court to file an amended complaint that omits all references to settlement discussions amongst the parties and effectively renders defendants' motion moot.
Accordingly, plaintiffs' motion for leave to file an amended complaint (Docket No. 11) is GRANTED. Plaintiffs shall have until by May 21, 2012, to file an amended complaint. Defendants' Motion to Strike (Docket No. 6) is deemed MOOT.
IT IS SO ORDERED.
Charles S. Miller, Jr.
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