IN MATTER OF LEONARD (Bankr.E.D.Mich. 5-25-2010)


IN THE MATTER OF: William Leonard and Carmen Leonard, Chapter 7 Debtors. Stuart A. Gold, Trustee, Plaintiff, v. Marquette University, Defendant.

Case No. 08-68186, Adv. Pro. No. 10-04608.United States Bankruptcy Court, E.D. Michigan, Southern Division.
May 25, 2010

ORDER DENYING, AS UNNECESSARY, “DEFENDANT’S MOTION TO AMEND AFFIRMATIVE DEFENSES”
THOMAS TUCKER, Bankruptcy Judge

This adversary proceeding is before the Court on a motion filed by Defendant entitled “Defendant’s Motion to Amend Affirmative Defenses” (Docket #11, the “Motion”). The Motion is unnecessary, because the relief sought by the Motion — namely, leave to file an amended answer and affirmative defenses — was already granted by the Court’s April 26, 2010 scheduling order, which adopted, among other things, the provision in the parties’ April 13, 2010 Rule 26(f) report that stated that “Defendant is granted leave and is allowed until July 31, 2010, to join additional parties and until July 31, 2010, to amend the pleadings.” (See Docket # 10 at 1; Docket # 9 at second (unnumbered) page, paragraph 3(b)). Thus, Defendant already has leave to file an amended answer and affirmative defenses, at any time through July 31, 2010.

Accordingly,

IT IS ORDERED that the Motion (Docket # 11) is denied, as unnecessary.