The Bank of New York Mellon v. Perry, 17-00297 DKW-RLP. (2017)
Court: District Court, D. Hawaii
Number: infdco20171221c03
Visitors: 1
Filed: Nov. 29, 2017
Latest Update: Nov. 29, 2017
Summary: FINDINGS AND RECOMMENDATIONS TO GRANT PLAINTIFF'S MOTION TO STRIKE "ANSWER TO COMPLAINT AFFIDAVIT; AFFIDAVIT OF NEGATIVE AVERMENT" OF DEFENDANT LEN C. PERRY 1 RICHARD L. PUGLISI , Magistrate Judge . Before the Court is Plaintiff's Motion to Strike "Answer to Complaint Affidavit; Affidavit of Negative Averment" of Defendant Len C. Perry, filed on October 31, 2017 ("Motion"). ECF No. 36. Defendant Len C. Perry did not file an opposition or other response to the Motion. See ECF No. 42. The
Summary: FINDINGS AND RECOMMENDATIONS TO GRANT PLAINTIFF'S MOTION TO STRIKE "ANSWER TO COMPLAINT AFFIDAVIT; AFFIDAVIT OF NEGATIVE AVERMENT" OF DEFENDANT LEN C. PERRY 1 RICHARD L. PUGLISI , Magistrate Judge . Before the Court is Plaintiff's Motion to Strike "Answer to Complaint Affidavit; Affidavit of Negative Averment" of Defendant Len C. Perry, filed on October 31, 2017 ("Motion"). ECF No. 36. Defendant Len C. Perry did not file an opposition or other response to the Motion. See ECF No. 42. The C..
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FINDINGS AND RECOMMENDATIONS TO GRANT PLAINTIFF'S MOTION TO STRIKE "ANSWER TO COMPLAINT AFFIDAVIT; AFFIDAVIT OF NEGATIVE AVERMENT" OF DEFENDANT LEN C. PERRY1
RICHARD L. PUGLISI, Magistrate Judge.
Before the Court is Plaintiff's Motion to Strike "Answer to Complaint Affidavit; Affidavit of Negative Averment" of Defendant Len C. Perry, filed on October 31, 2017 ("Motion"). ECF No. 36. Defendant Len C. Perry did not file an opposition or other response to the Motion. See ECF No. 42. The Court found this matter suitable for disposition without a hearing pursuant to Rule 7.2(d) of the Local Rules of Practice for the United States District Court for the District of Hawaii. ECF No. 40.
Based on the lack of opposition, the Court FINDS AND RECOMMENDS that the district court GRANT Plaintiff's Motion and GRANT Defendant Len C. Perry leave to file an amended answer no later than fourteen days after the district court adopts this Findings and Recommendation. Defendant Len C. Perry's amended answer shall comply with all applicable Federal Rules of Civil Procedure, shall state what is admitted and what is denied for each sentence in the Complaint, shall include affirmative defenses, if there are any that apply, and shall include a prayer for relief.
IT IS SO FOUND AND RECOMMENDED.
FootNotes
1. Within fourteen days after a party is served with a copy of the Findings and Recommendation, that party may, pursuant to 28 U.S.C. § 636(b)(1), file written objections in the United States District Court. A party must file any objections within the fourteen-day period allowed if that party wants to have appellate review of the Findings and Recommendation. If no objections are filed, no appellate review will be allowed.
Source: Leagle
