BARNETTE
v.
LEWIS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court denied the plaintiff's motion to strike affirmative defenses without prejudice.
Plaintiff filed a motion to strike defendants' affirmative defenses. The motion failed to comply with local rules and included an unauthorized general…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Local Rules Compliance cases and more on FLexlaw
FED. R. CIV. P. 12(f) (Doc. No. 19) FILED: August 28, 2023 THEREON it is ORDERED that the motion is DENIED without prejudice. The motion fails to comply with Local Rule 1.08 and the presiding District Judge’s January 13, 2021 Standing Order. See In re: Local Rule Amendments, No. 6:21-mc-3-Orl-WWB, Doc. No. 1 (M.D. Fla. Jan. 13, 2021), available at https://www.flmd.uscourts.gov/standing-order-judge-berger-revised-local-rules. The motion also fails to comply with Local Rule 3.01(g). Further, the motion in substance includes “Plaintiff’s General Reply to Defendants’ Answer and Affirmative Defenses,” which is unauthorized absent a Court Order. See Fed. R. Civ. P. 12(a)(1)(C). See also Fed. R. Civ. P. 7(a)(7). Accordingly, the motion (Doc. No. 19) is DENIED without prejudice. Any renewed motion to strike must be filed within seven (7) days of the date of this
Order. However, Plaintiff is cautioned that “motions to strike under Federal Rule of Civil Procedure 12(f) are decidedly disfavored and are generally time wasters for the Court and counsel.” Erdogam v. Suntree Country Club, Inc., No. 6:14-cv-1991-
Orl-41DAB, 2015 WL 12838848, at *1 (M.D. Fla. Feb. 10, 2015). A motion to strike will ordinarily be granted only if the material sought to be stricken is insufficient as a matter of law. Arthurs v. Glob. TPA LLC, No. 6:14-cv-1209-Orl-40TBS, 2015 WL 13652716, at *1 (M.D. Fla. Feb. 6, 2015) (citations omitted). Accordingly, a renewed motion to strike should be filed only if Plaintiff can establish that a particular affirmative defense has no possible relation to the controversy and may cause prejudice. See Regions Bank v. Commonwealth Land Title Ins. Co., No. 11-23257-CIV, 2012 WL 5410609, at *1 (S.D. Fla. Nov. 6, 2012) (citing Seibel v. Soc’y Lease, Inc., 969 F, Supp. 713, 714 (M.D. Fla. 1997)). DONE and ORDERED in Orlando, Florida on August 29, 2023.
[ inlay ie ayn Kica
LESLIE AN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties