Sunday, February 14, 2016 11:33:04 AM
In reviewing the Amended Third Party Claim, it appears that Supreme Energy attempted to smuggle in a new claim arising under section 70(a) of the Exchange Act. D.E. 74, 45-47. In the initial Third Part Claim, Supreme Energy did not allege this claim, D.E 42. Not withstanding the fact that this court finds a claim was insufficiently pleaded, Supreme Energy did not seek leave of Court prior to alleging this claim. Accordingly the Court is sua sponte dismissing Count II in Supreme Energy's Amended Third Party Claim
In law, sua sponte (Latin: "of his, her, its or their own accord") or suo motu "on its own motion" describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties.[/img]
"Libenter homines id quod volunt credunt"
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