LYON FINANCIAL SERVICES, INC. v. WOODLAKE IMAGING (E.D.Pa. 2005)

PAUL S. DIAMOND, District Judge

AND NOW, this 9th day of February, 2005, upon consideration of Lyon Financial's Motion, pursuant to Federal Rules of Civil Procedure 12(b)(6), 12(c), and 12(f), for: dismissal of Counterclaims II, III, IV, V, and VI for failure to state a claim; dismissal of Woodlake's Counterclaims and affirmative defenses due to contractual waivers; and striking as "scandalous" and "immaterial" all references to alleged racial bias or discrimination, it is ORDERED as follows:

1. Lyon's Motion as to Counts II, III, IV, V, and VI of Woodlake's Counterclaims is GRANTED. Counts II, III, IV, V, and VI of Woodlake's Counterclaim are DISMISSED with prejudice.

2. Lyon's Motion to dismiss Woodlake's Counterclaims and affirmative defenses by reason of Woodlake's contractual waivers is DENIED without prejudice.

3. Lyon's Motion to strike as "scandalous" and "immaterial" all references to alleged racial bias or discrimination is DENIED without prejudice.

AND IT IS SO ORDERED