KENNETH A. MARRA, District Judge.
The Federal Rules of Civil Procedure provide that "the court may order stricken from any pleading ... any redundant, immaterial,
In the Second Motion to Strike,
Paragraph 39 reads:
DE 173. Defendants argue that this paragraph should be stricken because "it does not relate to any disputed issue in this action[.]" DE 268 at 3. Defendants also object to the allegations as to their personal wealth and the allegation that "it has only grown since then," asserting these allegations are "immaterial and impertinent to the FLSA claim[,] . . . and serve[s] no other purpose than to appeal to class bias." DE 179 at 7.
These arguments are rejected. The fact that Defendants now admit that the FLSA applies to them under enterprise coverage because their annual gross volume of business is not less than $500,00 does not mean that Plaintiffs allegation of such a key element of their claim should be stricken. See 29 U.S.C. § 203(s)(1). In addition, Defendants' objections to allegations regarding the Batmasians' personal wealth is rejected. As previously stated in this Court's ruling on the First Motion to Strike, "allegations regarding the personal financial worth of the Batmasians is directly relevant to the establishment of either individual or enterprise coverage." DE 137 at 4. Concerns about inflaming and prejudicing the trier of fact against Defendants is without foundation. The jury is only exposed to evidence admitted at trial.
The Court is next directed to Footnote 1 to Paragraph 42, and Paragraph 52, which read:
DE 173 (emphasis added).
Defendants argue that these allegations as to non-party James Baker are completely irrelevant, and demonstrate a bad faith attempt by Plaintiffs' counsel to interject issues into this case that are only relevant to another case where Mr. Baker is suing the Batmasians.
As far as the footnote is concerned, the Court finds that it is inappropriate for Plaintiffs to state or agrue in a Complaint, particularly in a footnote, Defendants' position regarding a contested issue. Accordingly, footnote 1 to paragraph 42 is stricken. As far as alleging that the Batmasians fired James Baker, the Court finds unpersuasive Defendants' argument that this allegation is "completely irrelevant and immaterial to this case." It is simply an example of the alleged power and authority the Batmasians have. There being no valid reason for striking this part of paragraph 52, the motion to strike it is denied.
The final alleged immaterial, impertinent and scandalous paragraph reads as follows:
Compl. ¶ 95 (DE 173). Defendants acknowledge that prior similar suits potentially may have relevance to the issue of willfulness. They assert, however, that allegations in the first sentence of paragraph 95 "do not sufficiently allege that there were any similar suits." Additionally, Defendants assert the fact that those prior similar suits were settled is irrelevant and serves only to besmirch and prejudice the them before the trier of fact. Defendants also take issue with the second sentence which refers to "manual laborers" who allegedly were not paid overtime. Defendants claim there has been no mention of "manual laborers" in this action, this action has been limited to commercial leasing agents, and neither John L. Management, LLC nor Mr. Lopresti have been named as a party in this action.
The Court rejects these arguments. Reference to having settled prior similar suits does not have a prejudicial effect at the pleadings stage. "Prejudice results when the matter complained of has the effect of confusing the issues or where it is so lengthy and complex that it places an undue burden on the responding party." S.D. v. St. Johns County Sch. Dist., No. 3:09-CV-250-J-20TEM, 2009 WL 1941482, at *3 (M.D. Fla. July 7, 2009) (internal citation omitted). Because Defendants' concern over the issue of settlement concerns a jury's reaction to the information at a later stage of litigation, the allegation of settlement does not confuse the issues or place an undue burden on Defendants at the pleadings stage. The matter of prejudice is raised prematurely and would be better addressed at the motion in limine stage. Harris v. Torus Nat. Ins. Co., 2014 WL 3053257, at *3 (M.D. Fla. 2014).
The final objection to paragraph 95 is regarding the reference to manual laborers who allegedly were not paid overtime as mandated. Defendants argue these allegations are not only irrelevant, but highly salacious and scandalous and have been included for the sole purpose of imputing wrongdoing on behalf of the Batmasians in their general business practice with respect to individuals who are not part of this action. Defendants assert the Court "should note that there has been no discovery on these issues and the discovery period is now closed . . ." DE 268 at 8 (emphasis in original).
Plaintiffs respond that these allegations relate "to Defendants' pattern and practice of failing to pay its employees compensation for hours worked in excess of forty (40) hours per week, which is unquestionably relevant to whether or not the Defendants knew its conduct was prohibited and intentionally devised a scheme to attempt to circumvent federal employee compensation statutes." DE 241 at 12. The Court agrees that these allegations have to do with knowledge of the overtime laws and is merely alleged as an example of how Defendants previously knew about and avoided complying with the FLSA. Thus, no portion of paragraph 95 will be stricken.
Defendants' Third Motion to Strike seeks to exclude from the Court's consideration Plaintiffs' Supplement (see DE 279) in Support of Their Response to the above addressed Second Motion to Strike. Plaintiffs then filed a Motion for Leave to File Supplement Nunc Pro Tunc. "Defendants seek to strike the Improper Filing because (i) it has been improperly filed procedurally, and (ii) it contains nothing more than additional irrelevant, impertinent and immaterial statements by Plaintiff's counsel (
Plaintiffs state that the filing was intended to supplement the issue concerning whether a reference to James Baker in the Complaint should be stricken, which allegation Plaintiffs argue should have to be admitted or denied. Plaintiffs argue that "[w]hat Baker's job title was is germane to this litigation, as is whether he was an independent contractor or employee." DE 293 at 8. Presumably Plaintiffs are referring to the footnote which has been stricken from the Complaint as discussed above.
Irrespective of its content, the supplement is, in effect, a second response brief, which is improper. Plaintiffs may not add pages or supplemental arguments once they have filed their response. Moreover, the motion for leave to file supplement nunc pro tunc provides no argument why the Court should allow Plaintiffs permission to file a second response. Plaintiffs merely state they did not think permission was required. Permission is required to file what is, in essence, a second response brief. Therefore, in accordance with the conclusions made herein, it is hereby