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Kovarik v. Cavalry Portfolio Services

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 17, 2006

JAROMIR KOVARIK, PLAINTIFF :
v.
CAVALRY PORTFOLIO SERVICES, DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

ORDER

AND NOW, this 17th day of April, 2006, upon consideration of defendant's motion (Doc. 7) to strike the amended complaint (Doc. 6), which added two new defendants, Andrew Zaro and Stephen Anderson, and it appearing that a responsive pleading to the original complaint has previously been served (see Doc. 3) and that plaintiff did not obtain leave of court or consent of defendants prior to filing the amended complaint, see FED. R. CIV. P. 15(a); L.R. 15.1, and that plaintiff has not filed a brief in opposition to the motion as of the date of this order, see L.R. 7.6 (providing that a party who fails to file a brief in opposition is "deemed not to oppose such motion"), it is hereby ORDERED that:

1. The motion (Doc. 7) to strike the amended complaint is GRANTED. See FED. R. CIV. P. 15(a); L.R. 15.1.

2. The amended complaint (Doc. 6) is STRICKEN from the record.

3. Andrew Zaro and Stephen Anderson are DROPPED as defendants in the above-captioned case.

20060417

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