REPORT AND RECOMMENDATION

PHILIP M. FRAZIER, Magistrate Judge.

Before the Court is defendant Southern Illinois Motor Xpress Inc.'s motion to strike (Doc. No. 10). The motion targets portions of the Complaint on the basis that the allegations seek a remedy that is not available under claims asserting violations of the Illinois Human Rights Act. A response was due by February 8, 2015. A response on is not on file. The absence of a response permits an inference that the motion to strike has merit. SDIL-LR 7.1(g).

The Court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. Fed. R. Civ. P. 12(f). Generally, motions to strike are disfavored; they are appropriate to remove unnecessary clutter from litigation. Heller Financial Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1294 (7th Cir. 1989).

On review of the Complaint, the Court is satisfied that portions of Counts 4, 5, and 6 should be removed as unnecessary clutter. Paragraphs 50, 56, and 63 should be stricken as seeking relief (punitive damages) which is not available to remedy claims brought under the Illinois Human Rights Act. Crittenden v. Cook County Comm'n of Human Rights, 990 N.E.2d 1161, 1167 (Ill. 2013).

IT IS RECOMMENDED that the motion (Doc. No. 10) be GRANTED. Paragraphs 50, 56, and 63 should be stricken from the Complaint, along with corresponding prayers for punitive damages in Counts 4, 5, and 6.

NOTICE

PURSUANT to Title 28 U.S.C. §636(b) and Rule 73.1(b) of the Local Rules of Practice in the United States District Court for the Southern District of Illinois, any party may serve and file written OBJECTIONS to this Report and Recommendation/Proposed Findings of Fact and Conclusions of Law within fourteen (14) days of service.

Please note: You are not to file an appeal as to the Report and Recommendation/Proposed Findings of Fact and Conclusions of Law. At this point, it is appropriate to file OBJECTIONS, if any, to the Report and Recommendation/Proposed Findings of Fact and Conclusions of Law. An appeal is inappropriate until after the District Judge issues an Order either affirming or reversing the Report and Recommendation/Proposed Findings of Fact and Conclusions of Law of the U.S. Magistrate Judge.

Failure to file such OBJECTIONS shall result in a waiver of the right to appeal all issues, both factual and legal, which are addressed in the Report and Recommendation/Proposed Findings of Fact and Conclusions of Law. Video Views, Inc. v Studio 21, Ltd. and Joseph Sclafani, 797 F.2d 538 (7th Cir. 1986).

You should e-file/mail your OBJECTIONS to the Clerk, U.S. District Court at the address indicated below: