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Fax:3038663558 Jan 20 '99 12:48 P.05 <br /> 01J19,99 16,32 FAX 3037962777 RMNS FICA & WILL Q003/011 <br /> 1. YNTRODUCT10N <br /> OIL October 21, 1998, Pitkin County filed its Motion for Leave to Pile and Serve a <br /> Supplemental Pleading and to Join Additional pacties. .A,t the same time,Pitkin County also filed <br /> a proposed Answer to Amended Third Party Complaint. on November 9, 1998, Third Party <br /> Plaintiffs filed a response to Pitkin County's motion objecting to Pitkin County's answers and <br /> defenses to claims one through four in the Amended Third Party Complaint. By Order dated <br /> Deeember 4, 1998, this Court granted Pitkin County's Motion for Leave to File and Serve a <br /> supplementall. Pleading and to Join Additional Parties but reserved ruling on the preemption <br /> arguments raised in Third Party Plaintiff's'response and allowed Third Party Plaintiffs to raise those <br /> arguments in a later pleading. 'third Party Plaintiffs are now filing this Motion to Strike. <br /> Rule 12(fl states in part,"The objection that a responsive pleading or separate defense therein <br /> fails to state a legal defense may be raised by motion filed under this section(f)." Hu-e Pitkin <br /> County has filed an Answer to claims one through five of the Amended Third Party Complaint_ <br /> Third party Plaintiffs pxtviausly stipulated to Pitkin county's xealigztmont as a third patty defendant <br /> for purposes of responding to the fifth elaim for reliefbat objected to involvement of Pitkin County <br /> in the£zst through fourth claims because Pitkm County is preempted by state and federal law from <br /> attempting to regulate those issues. Pursuant to Rule 12(f)�this Court may strike those portions of <br /> Pitkin County's Answer that relate to claims one through four. Pitkin County has taken no position <br /> with respect to the sixth claim for relief and-awml'ore,apparently does not wish to litigate that claim. <br /> 2 <br />