Case 2:25-cv-00978-APG-BNW Document 105 Filed 10/14/25 Page 26 of 27
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seeking money damages so it had no duty to mitigate. The defendants respond that Crypto’s conduct bears on whether it is entitled to injunctive relief. The defendants have clarified that this defense refers to Crypto’s conduct and how that may impact the balance of the equities in determining whether an injunction is appropriate. But like some of the defendants’ other defenses, it has no factual content to give Crypto fair notice of the defense. Indeed, Crypto assumed it was a defense based on the failure to mitigate damages, which does not apply in this case where Crypto seeks only injunctive relief. I therefore strike it, with leave to amend. H. I strike the fourteenth affirmative defense because the defendants acknowledge it is moot. The defendants’ fourteenth affirmative defense asserts any affirmative defense advanced by the intervenors in this case. ECF No. 38 at 17. The defendants concede this defense is moot because intervenor Nevada Resort Association has not pleaded any additional defenses. See ECF Nos. 50-2; 64 at 4. I therefore strike this defense. I. I grant the motion to strike the fifteenth defense that seeks to incorporate all affirmative defenses enumerated in Federal Rule of Civil Procedure 8 because it is conclusory and seeks to incorporate defenses that plainly do not apply. The defendants’ fifteenth affirmative defense seeks to assert “the affirmative defenses enumerated in Rule 8 of the Federal Rules of Civil Procedure.” ECF No. 38 at 17. Crypto argues this defense does not give fair notice and seeks to incorporate defenses that do not apply in this case. The defendants argue that Crypto has not shown that this defense causes it any prejudice. I strike this affirmative defense because it improperly seeks to incorporate every defense in Rule 8(c) with no factual basis. That does not give fair notice. If this were proper, all any defendant would have to do is state that they assert every possible affirmative defense and call it a day. The defendants do not attempt to explain how several of the defenses in Rule 8 could
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