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Tyco Fire Products Lp v. Victaulic Company

April 13, 2011

TYCO FIRE PRODUCTS LP,
PLAINTIFF,
v.
VICTAULIC COMPANY, DEFENDANT.



The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER AND NOW, this 12th day of April, 2011, it is hereby ORDERED that Plaintiff's motion to dismiss Defendant's second counterclaim and to strike Defendant's third affirmative defense (doc. no. 16) is GRANTED in part and DENIED in part as follows:

1) Defendant's second counterclaim is hereby DISMISSED without prejudice;

2) The words "and/or unenforceable" in Defendant's third affirmative defense are hereby STRICKEN;

3) Paragraph 2(a) of Defendant's request for relief is hereby STRICKEN;

4) Defendant shall be permitted to file an amended answer by April 26, 2011.

AND IT IS SO ORDERED.

Eduardo C. Robreno

20110413

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