Alta Partners, LLC v. Safety Shot, Inc.

Opinion

DAY PITNEYup BOSTON CONNECTICUT FLORIDA NEWJERSEY NEWYORK PROVIDENCE WASHINGTON, DC GREGORY R. BRUNO Attorney at Law 605 Third Avenue, 31st Floor New York, NY 10158-1803 T: (212) 297-2452 F: (212) 602-0092 gbruno@daypitney.com

December 30, 2024 The request is granted. The Court will treat Plaintiff's previously filed motion t strike as addressed to the "Seventh Defense" asserted in Defendant's Amende VIA E-FILING Answer. Defendant must file its opposition within 14 days. SO ORDERED Hon. Jesse M. Furman, USDJ December 30, 2024 Veep United States District Court New York, New York JOHN P. CRONAN Southern District of New York United States District Judge Thurgood Marshall United States Courthouse 40 Centre Street, Room 2202 New York, NY 10007 Re: Alta Partners, LLC v. Safety Shot, Inc., Case No. 24-cv-00373-JMF Dear Judge Furman: We represent plaintiff Alta Partners, LLC (“Alta”) in the above-referenced action. On December 13, 2024, Alta filed a motion to strike the “Sixth Defense” asserted in defendant Safety Shot, Inc.’s (“Safety Shot”) answer to Alta’s amended complaint. (See ECF #s 55-57.) On December 26, 2024, Safety Shot filed an amended answer to Alta’s amended complaint. Safety Shot’s amended answer continues to assert the subject defense unaltered (except that it is now styled as the “Seventh Defense,” rather than the “Sixth Defense”). (See ECF # 58.) In the interest of efficiency, we respectfully request that the Court exercise its discretion to treat Alta’s previously-filed motion to strike as addressed to the “Seventh Defense” asserted in Safety Shot’s amended answer, and to require Safety Shot to file its opposition within 14 days as required by the Local Rules. Lindell v. Mail Media Inc., 575 F. Supp. 3d 479, 484 (S.D.N.Y. 2021) (noting that if an amended pleading is filed pending a Rule 12 motion, the District Court “has the option of either denying the pending motion as moot or evaluating the motion in light of the facts alleged in the amended [pleading]”). Respectfully submitted, Rl Ce: All Counsel of Record (via ECF)