STEVEN E. RAU, Magistrate Judge.
Delta Industrial Services, Inc. brought suit against Kaman Automation, Inc. and Kollmorgen Corporation. (ECF No. 1). Kollmorgen answered the complaint, (ECF No. 19), and Kaman moved to dismiss, (ECF No. 21). The following day, Delta voluntarily dismissed Kaman from this action without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). (ECF No. 27).
Now, Kollmorgen seeks to add Kaman as a third-party defendant. (ECF No. 33). Through a stipulation, Delta has consented to Kollmorgen's filing of a third-party complaint. (ECF No. 33). Kaman has moved to strike the stipulation or deny leave to Kollmorgen to file its third-party complaint. (ECF No. 35). Kaman argues that, pursuant to Rule 14(a)(1), Kollmorgen's third-party complaint is untimely and requires a motion, not a stipulation.
Courts "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). The stipulation submitted by Delta and Kollmorgen is not a pleading. Fed. R. Civ. P. 8. Thus, as courts in this District hold, "there is no such thing as a `motion to strike'" aimed at a non-pleading. Carlson Mktg. Grp. v. Royal Indemnity Co., Case No. No. 04-cv-3368 (PJS/JJG), 2006 WL 2917173, at *2 (D. Minn. Oct. 11, 2006) (Schiltz, J.) (rejecting two motions to strike aimed at affidavits filed in connection with a summary judgment motion); see also Smith v. United HealthCare Servs., Inc., 2003 WL 22047861, at *3 n.7 (D. Minn. Aug. 28, 2003) (Montgomery, J.); VanDanacker v. Main Motor Sales Co., 109 F.Supp.2d 1045, 1047 (D. Minn. 2000) (Doty, J.). Further, under Rule 14(a)(4), "[a]ny party may move to strike the third-party claim . . . ." (emphasis added). But Kaman is a non-party bystander, so it cannot invoke Rule 14(a)(4). And the third-party claim does not yet exist for the simple reason that it has not been filed. Therefore, there is no basis for Kaman's motion to strike.
Even if this Court were to consider Kaman's Rule 14 arguments, they lack merit. Rule 14 requires a prospective third-party plaintiff to obtain the court's leave before filing a third-party complaint if more than 14 days have passed after serving its original answer. Fed. R. Civ. P. 14(a)(1).
Here, there is no undue delay. Kollmorgen seeks to bring in Kaman as a third-party plaintiff a mere five weeks after a scheduling order was issued. This litigation is still at its inception and adding Kaman will not appreciably delay proceedings.
In sum, this Court finds there is no basis for Kaman's motion to strike. Even if this Court were to consider the underlying arguments, they are unpersuasive. Therefore, this Court
While Kaman asserts it is not "elevat[ing] form over substance" in demanding a motion rather than a stipulation, (ECF No. 36, at 5), this Court finds the opposite. The stipulation filed by Kollmorgen and Delta still requires the Court's approval before any action may be taken. Thus, that Kollmorgen's request to file a third-party complaint came as a stipulation rather than a motion is of no moment where it did not deprive this Court of the ultimate decision in whether to grant leave before the third-party complaint is filed.