*1 Case 2:24-cv-02636-JDW Document 10 Filed 08/09/24 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LEON WEINGRAD, Case No. 2:24-cv-02636-JDW
Plaintiff,
v.
RFR CAPITAL LLC,
Defendant. ORDER AND NOW, this 9th day of August, 2024, upon review of Defendant RFR Capital LLC’s Answer To Plaintiff’s Complaint (ECF No. 9), I note as follows.
1. Federal Rule of Civil Procedure 11(b) requires counsel to have a good faith belief for any assertion of fact or legal contention in any submission to the Court;
2. This rule applies to the assertion of affirmative defenses, see Ruth v. Unifund CCR Partners, 604 F.3d 908, 911 (6th Cir. 2010); Greenspan v. Platinum Healthcare Group, LLC, Case No. 2:20-cv-5874-JDW, 2021 WL 978899, at * 2 (E.D. Pa. Mar. 16, 2021), meaning that parties may not assert affirmative defenses just to preserve them;
3. RFR Capital has asserted ten affirmative defenses, at least two of which appear to lack a good faith basis: the Second, Fifth, and Ninth Defenses.
Therefore, it is ORDERED that, on or before August 14, 2024, RFR Capital shall either (a) file an Amended Answer, asserting only affirmative defenses for which it has a
Case 2:24-cv-02636-JDW Document 10 Filed 08/09/24 Page 2 of 2 good faith basis to do so, or (b) show cause, in a Memorandum not to exceed 10 pages, why the Court should not strike all of the asserted affirmative defenses, pursuant to Fed. R. Civ. P. 11(c)(3).
BY THE COURT: /s/ Joshua D. Wolson JOSHUA D. WOLSON, J.