Filed: Jun. 13, 2014
Latest Update: Jun. 13, 2014
Summary: ORDER BOYD N. BOLAND, Magistrate Judge. This matter arises on Trans Ova's Motion for Leave to Amend Antitrust Counterclaims [Doc. # 191, filed 4/25/2014] (the "Motion to Amend"). Also pending are the Motion of XY, LLC and Inguran, LLC for Partial Judgment on the Pleadings or In the Alternative Early Motion for Partial Summary Judgment [Doc. # 55] (the "Early Motion for Summary Judgment") and defendant's Motion for Leave to File Reply In Support of Motion for Leave to Amend Antitrust Count
Summary: ORDER BOYD N. BOLAND, Magistrate Judge. This matter arises on Trans Ova's Motion for Leave to Amend Antitrust Counterclaims [Doc. # 191, filed 4/25/2014] (the "Motion to Amend"). Also pending are the Motion of XY, LLC and Inguran, LLC for Partial Judgment on the Pleadings or In the Alternative Early Motion for Partial Summary Judgment [Doc. # 55] (the "Early Motion for Summary Judgment") and defendant's Motion for Leave to File Reply In Support of Motion for Leave to Amend Antitrust Counte..
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ORDER
BOYD N. BOLAND, Magistrate Judge.
This matter arises on Trans Ova's Motion for Leave to Amend Antitrust Counterclaims [Doc. # 191, filed 4/25/2014] (the "Motion to Amend"). Also pending are the Motion of XY, LLC and Inguran, LLC for Partial Judgment on the Pleadings or In the Alternative Early Motion for Partial Summary Judgment [Doc. # 55] (the "Early Motion for Summary Judgment") and defendant's Motion for Leave to File Reply In Support of Motion for Leave to Amend Antitrust Counterclaims [Doc. # 207, filed 5/30/2014] (the "Motion to Reply").
I held a hearing on the Motion to Amend this afternoon and made rulings on the record, which are incorporated here. Among other things, although I allowed the amendment, I will not allow the defendant to assert claims concerning unspecified "other markets." See, e.g., Defendant's Proposed Amended Answer to Second Amended Complaint, Counterclaims and Jury Demand [Doc. # 191-1] at ¶¶200, 207.
IT IS ORDERED:
(1) The Motion to Reply [Doc. # 207] is GRANTED;
(2) The Motion to Amend [Doc. # 191] is GRANTED, as specified;
(3) The defendant shall file, on or before June 20, 2014, an Amended Answer to Second Amended Complaint, Counterclaims and Jury Demand in the form of Doc. # 191-1 but deleting any reference to "possibl[e] other markets"; and
(4) In view of this amendment, the Early Motion for Summary Judgment [Doc. # 55] is DENIED without prejudice as moot.
