Filed: Nov. 11, 2015
Latest Update: Nov. 11, 2015
Summary: ORDER ALISON J. NATHAN , District Judge . On November 3, 2015, Plaintiff filed motions to strike almost all of the affirmative defenses in Defendants Capital One, Pinnacle, Tina Vincelli, and Midland's Answers. See Dkt. Nos. 131, 132, 133. Federal Rule of Civil Procedure 12(f) permits a district court to strike "from any pleading an insufficient defense." See Fed: R. Civ. P. 12(f). However, motions to strike affirmative defenses are "not favored and will not be granted `unless . . . pla
Summary: ORDER ALISON J. NATHAN , District Judge . On November 3, 2015, Plaintiff filed motions to strike almost all of the affirmative defenses in Defendants Capital One, Pinnacle, Tina Vincelli, and Midland's Answers. See Dkt. Nos. 131, 132, 133. Federal Rule of Civil Procedure 12(f) permits a district court to strike "from any pleading an insufficient defense." See Fed: R. Civ. P. 12(f). However, motions to strike affirmative defenses are "not favored and will not be granted `unless . . . plai..
More
ORDER
ALISON J. NATHAN, District Judge.
On November 3, 2015, Plaintiff filed motions to strike almost all of the affirmative defenses in Defendants Capital One, Pinnacle, Tina Vincelli, and Midland's Answers. See Dkt. Nos. 131, 132, 133. Federal Rule of Civil Procedure 12(f) permits a district court to strike "from any pleading an insufficient defense." See Fed: R. Civ. P. 12(f). However, motions to strike affirmative defenses are "not favored and will not be granted `unless . . . plaintiffs would succeed despite any state of the facts which could be proved in support of the defense.'" William Z. Salcer, Panfeld, Edelman v. Envicon Equities Corp. ("Edelman"), 744 F.2d 935, 939 (2d Cir. 1984) (quoting Durham Indus., Inc. v. N. River Ins. Co., 482 F.Supp. 910, 913 (S.D.N.Y. 1979)). In addition, "the movant must show that he will be prejudiced by inclusion of the defense" in order for the court to grant a motion to strike. Connell v. City of New York, 230 F.Supp.2d 432, 438 (S.D.N.Y. 2002). Plaintiff has failed to make the requisite showing and does not allege in his motions that Defendants' affirmative defenses will prejudice him in any way. As a result, Plaintiff's motions to strike are denied.
This resolves Dkt. Nos. 131, 132, and 133.
SO ORDERED.
