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07-108 - United States Of America v. Benavides

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07-108 - United States Of America v. Benavides
February 8, 2008
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ORDER granting in part and denying in part 6 Motion to Strike. Based on the foregoing, the Court GRANTS IN PART and DENIES IN PART Plaintiff's Motion to Strike Affirmative Defenses and Opposition to Defendant's Motion to Dismiss. Dkt. No. 6. The Court GRANTS the Government's motion and STRIKES Benavides' first nine affirmative defenses. The Court both GRANTS and DENIES the Government's motion as to Benavides' tenth affirmative defenses, in accordance with Section III.F. Thus, the only remaining affirmative defenses in Benavides' answer are res judicata and collateral estoppel, if Benavides intends to raise those defenses based on prior proceedings pursuant to Section 1451(a).( Signed by Judge Hilda G Tagle ) Parties notified.(bcampos, )