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Federal Trade Commission v. Hope Now Modifications

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


March 10, 2011

FEDERAL TRADE COMMISSION, PLAINTIFF,
v.
HOPE NOW MODIFICATIONS, LLC, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Jerome B. Simandle

ORDER

This matter having come before the Court upon the FTC's motion to strike the Kwasnik Defendants' affirmative defenses [Docket Item 101]; the Court having considered the arguments advanced by the FTC in support thereof and the opposition filed by the Kwasnik Defendants thereto; for the reasons discussed in the Opinion of today's date; and for good cause shown;

IT IS this 10th day of March, 2011 hereby

ORDERED that the FTC's motion to strike affirmative defenses shall be, and hereby is, GRANTED IN PART AND DENIED IN PART. The motion is granted as to Defendants' fourth, sixth, seventh, eighth and ninth affirmative defenses and denied as to Defendants' first, second, third, fifth and tenth affirmative defenses; and it is further

Case 1:09-cv-01204-JBS -JS Document 123 Filed 03/10/11 Page 2 of 2 PageID: 1900

ORDERED that Defendants shall supply all required initial disclosures of witnesses and documents with respect to each remaining defense, pursuant to Rule 26(a)(1)(A), within fourteen (14) days of the entry of this Order.

Jerome B. Simandle

Jerome B. Simandle United States District Judge

20110310

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