VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This matter comes before the Court pursuant to Defendant Accountable Climate Solutions, Inc.'s Motion to Strike and for Repleader (Doc. # 10), which was filed on January 23, 2015. Plaintiff Fernando Grajales filed a response on January 28, 2015. (Doc. # 13). For the reasons that follow, the Court denies the Motion.
On December 12, 2014, Grajales filed a putative class action Complaint seeking the payment of overtime wages against his employer, Accountable Climate Solutions, Inc. (ACS), under the Fair Labor Standards Act. (Doc. # 1). ACS seeks an Order striking the Complaint under Rule 12(f), Fed. R. Civ. P., arguing, inter alia, that the Complaint contains redundant allegations, irrelevant assertions, and is otherwise a shotgun pleading. ACS also contends that the Complaint fails to comply with the technical requirements of Rules 8 and 10 of the Federal Rules of Civil Procedure. Although the Court agrees that the Complaint is not a model of clarity, the Court declines to employ the draconian sanction of striking Grajales's pleading.
Rule 8(a) of the Federal Rules of Civil Procedure requires that a claimant state: (1) a short and plain statement of the grounds for the court's jurisdiction; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought. Rule 8 also requires that "[e]ach allegation must be simple, concise, and direct" and specifies that "[n]o technical form is required." 8(d)(1), Fed. R. Civ. P. Likewise, Rule 10 of the Federal Rules of Civil Procedure requires that "[a] party must state its claims . . . in numbered paragraphs, each limited as far as practicable to a single set of circumstances." 10(b), Fed. R. Civ. P.
After carefully reviewing the Complaint, the Court is satisfied that Grajales is compliant with Rules 8 and 10 of the Federal Rules of Civil Procedure. The Complaint, which is organized into numbered paragraphs in accordance with Rule 10 of the Federal Rules of Civil Procedure, alleges that the Court has jurisdiction over this matter because Grajales seeks relief pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). (Doc. # 1 at ¶ 75). Grajales also contends that ACS "failed to pay overtime to Grajales as well as other similarly situated installers and helpers," that "Grajales as well as other installers and helpers worked overtime without overtime pay," and ACS "owes overtime to Grajales for work he performed within the past three years." (
Rule 12(f), Fed. R. Civ. P., states: "The court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter." Although the Court has broad discretion in ruling on a motion to strike, such motions are disfavored due to their "drastic nature."
The Court concedes that portions of the Complaint could be characterized as redundant. For instance, Grajales alleges throughout the Complaint that ACS failed to make overtime payments. (
Grajales's response to the Motion to Strike confirms that the Complaint asserts a single count against ACS for violation of the FLSA. (Doc. # 13 at 1). The Complaint provides detailed allegations concerning ACS's coverage under the FLSA, Grajales's status as an employee, ACS's alleged failure to keep appropriate records, the alleged willfulness of the purported FLSA violation, conditional certification, exemptions from the FLSA's overtime provision, and other pertinent issues that may arise in this action. Although Grajales's allegations border on loquacious, the Court determines that Grajales has not filed a shotgun Complaint. The Motion to Strike is thus denied.
Accordingly, it is
Defendant Accountable Climate Solutions, Inc.'s Motion to Strike and for Repleader (Doc. # 10) is