COMBS v. AARON'S INC., 2:14-cv-00048-SPC-DNF. (2014)
Court: District Court, M.D. Florida
Number: infdco20140925a75
Visitors: 18
Filed: Sep. 23, 2014
Latest Update: Sep. 23, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Annette Combs and Defendant Aaron's Inc.'s Stipulated Motion to Strike Paragraphs 24-30 of the Second Amended Complaint (Doc. #49) filed on August 27, 2014. Under Rule 12(f) of the Federal Rules of Civil Procedure, the Court "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). In the instant case, the parties
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Annette Combs and Defendant Aaron's Inc.'s Stipulated Motion to Strike Paragraphs 24-30 of the Second Amended Complaint (Doc. #49) filed on August 27, 2014. Under Rule 12(f) of the Federal Rules of Civil Procedure, the Court "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). In the instant case, the parties m..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Annette Combs and Defendant Aaron's Inc.'s Stipulated Motion to Strike Paragraphs 24-30 of the Second Amended Complaint (Doc. #49) filed on August 27, 2014.
Under Rule 12(f) of the Federal Rules of Civil Procedure, the Court "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). In the instant case, the parties move to strike paragraphs 24 to 30 of the Second Amended Complaint without prejudice. Paragraphs 24 to 30 concern a 2011 jury trial in the United States District Court for the Southern District of Illinois, in which Defendant Aaron's Inc. was the named defendant. (Doc. #50 at ¶¶ 24-30). The parties aver, and the Court agrees, that striking these paragraphs will "streamline the proceedings and thereby foster a more speedy and inexpensive determination of this act." (Doc. #49). The information discussed in paragraphs 24 through 30 is also immaterial and impertinent to the case at hand.
Accordingly, it is now
ORDERED:
(1) Plaintiff Annette Combs and Defendant Aaron's Inc.'s Stipulated Motion to Strike Paragraphs 24-30 of the Second Amended Complaint (Doc. #49) is GRANTED.
(2) Plaintiff Annette Combs is DIRECTED to file and serve a third amended complaint in accordance with this Order no later than October 7, 2014, and Defendant Aaron's Inc. shall respond to the third amended complaint in accordance with the Federal Rules of Civil Procedure.
DONE and ORDERED.
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Source: Leagle
