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PNC BANK, NATIONAL ASSOCIATION v. BISHOP, 6:12-cv-856-GKS-TBS. (2012)

Court: District Court, M.D. Florida Number: infdco20120719777 Visitors: 6
Filed: Jul. 18, 2012
Latest Update: Jul. 18, 2012
Summary: ORDER THOMAS B. SMITH, District Judge. This matter comes before the Court sua sponte. On June 7, 2012, Plaintiff filed an action in federal court against the defendants for breach of contract. (Doc. 1). On July 9, 2012, Defendant Christopher D. Smith filed an answer to the complaint and asserted several affirmative defenses. (Doc. 11). On July 13, 2012, Defendants William D. Bishop, III and Jennifer G. Bishop did likewise. (Doc. 15). A review of the record reveals that Plaintiff filed replies
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ORDER

THOMAS B. SMITH, District Judge.

This matter comes before the Court sua sponte. On June 7, 2012, Plaintiff filed an action in federal court against the defendants for breach of contract. (Doc. 1). On July 9, 2012, Defendant Christopher D. Smith filed an answer to the complaint and asserted several affirmative defenses. (Doc. 11). On July 13, 2012, Defendants William D. Bishop, III and Jennifer G. Bishop did likewise. (Doc. 15). A review of the record reveals that Plaintiff filed replies to the affirmative defenses asserted by the defendants, despite not being authorized to do so. (Docs. 14 & 16).

Federal Rules of Civil Procedure 7(a)(7) and 12(a)(1)(C) provide that a party should only file a reply to an answer after being so ordered by the Court. A review of the docket shows that no such order has been issued. Accordingly, the replies (Docs. 14 & 16) are STRICKEN. The Clerk is directed to delete the documents. Should the Court require additional briefing on any specific issue, it will direct a subsequent filing on its own order.

IT IS SO ORDERED.

DONE AND ORDERED.

Source:  Leagle

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