LEHMAN v. CHASE BANK USA, N.A., 2:15-cv-138-FtM-38DNF. (2015)
Court: District Court, M.D. Florida
Number: infdco20150508b51
Visitors: 25
Filed: May 07, 2015
Latest Update: May 07, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Motion to Strike Chase's Answer to the Complaint and Motion to Declare Lehman's Contract Complete and Enforceable 2 (Doc. #14) filed on April 13, 2015. Federal Rule of Civil Procedure 12(f) allows a court to "strike from a pleading an insufficient defense or redundant, immaterial, impertinent, or scandalous matter." To that end, Fed. R. Civ. P. 7(a) defines a pleading as "(1) a complai
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Motion to Strike Chase's Answer to the Complaint and Motion to Declare Lehman's Contract Complete and Enforceable 2 (Doc. #14) filed on April 13, 2015. Federal Rule of Civil Procedure 12(f) allows a court to "strike from a pleading an insufficient defense or redundant, immaterial, impertinent, or scandalous matter." To that end, Fed. R. Civ. P. 7(a) defines a pleading as "(1) a complain..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Motion to Strike Chase's Answer to the Complaint and Motion to Declare Lehman's Contract Complete and Enforceable2 (Doc. #14) filed on April 13, 2015. Federal Rule of Civil Procedure 12(f) allows a court to "strike from a pleading an insufficient defense or redundant, immaterial, impertinent, or scandalous matter." To that end, Fed. R. Civ. P. 7(a) defines a pleading as "(1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) . . . a reply to an answer." Noticeably absent from his list, however, is a motion to dismiss. Therefore, because a motion to dismiss is not a pleading that can be stricken pursuant to Rule 12(f), Plaintiff's Motion must be denied. See In re Advanced Telecomm. Network, Inc., Case No. 6:03-BK-299-KSJ, 2010 WL 4363182, at *1 (M.D. Fla. May 10, 2010) (denying the plaintiff's motion to strike because a motion to dismiss is not a pleading, as defined by the Federal Rules of Civil Procedure).
Accordingly, it is now
ORDERED:
Plaintiff's Motion to Strike Defendant's Motion to Dismiss (Doc. #14) is DENIED.
DONE and ORDERED.
FootNotes
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2. Plaintiff titles his Motion as a "Motion to Strike Chase's Answer to the Complaint and Motion to Declare Lehman's Contract Complete and Enforceable." However, Defendant Chase Bank USA, N.A., has not filed an answer to Plaintiff's Complaint. Instead, Defendant has filed a Motion to Dismiss (Doc. #9). A review of the instant Motion reveals, and the Court will construe it as, the Plaintiff asking the Court to strike Defendant's Motion to Dismiss. Therefore, the Court will address the instant Motion by its requested relief, rather than its improper title.
Source: Leagle
