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Court Lets Ky. 911 Board Amend Answer to CTIA Complaint

The Kentucky 911 Services Board may amend its answer in a court fight against CTIA at U.S. District Court of Eastern Texas, Judge Gregory Van Tatenhove said in an order released Thursday (case 3:20-cv-00043-GFVT-EBA). The Kentucky defendants asked to remove…

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a defense claiming the plaintiffs failed to name indispensable parties and to add a defense saying one or more laws relied upon in the complaint are invalid and unconstitutional, the judge said. CTIA didn’t object to the amendment, the judge said. “There is little reason to suspect that granting the amendment will prejudice” CTIA, he said. “Defendants claim that the amendment will raise new legal issues, rather than factual issues, that will not require further discovery and can be disposed of via a dispositive motion.” Also, “there is no reason to suspect undue delay or dilatory motive as discovery will not be completed until March 22, 2023.” The amended answer was filed Thursday. The court last month set trial for Jan. 30, 2024 (see 2212220014).