Baglama v. MWV Consumer and Office Products, 3:13-cv-276. (2014)
Court: District Court, S.D. Ohio
Number: infdco20140502c46
Visitors: 23
Filed: May 01, 2014
Latest Update: May 01, 2014
Summary: REPORT AND RECOMMENDATION 1 THAT (1) THE PARTIES' STIPULATED MOTION TO STRIKE PLAINTIFFS' REQUEST FOR ATTORNEYS' FEES FROM THE COMPLAINT (DOC. 39) BE GRANTED; AND (2) THE COURT ENTER AN ORDER STRIKING THE REQUEST FOR ATTORNEYS' FEES MICHAEL J. NEWMAN, Magistrate Judge. Now before the Court is the parties' stipulated motion to strike Plaintiffs' request for attorneys' fees from the complaint. Doc. 39. The parties agree that the complaint does not plead any basis that would entitle Plaintiffs
Summary: REPORT AND RECOMMENDATION 1 THAT (1) THE PARTIES' STIPULATED MOTION TO STRIKE PLAINTIFFS' REQUEST FOR ATTORNEYS' FEES FROM THE COMPLAINT (DOC. 39) BE GRANTED; AND (2) THE COURT ENTER AN ORDER STRIKING THE REQUEST FOR ATTORNEYS' FEES MICHAEL J. NEWMAN, Magistrate Judge. Now before the Court is the parties' stipulated motion to strike Plaintiffs' request for attorneys' fees from the complaint. Doc. 39. The parties agree that the complaint does not plead any basis that would entitle Plaintiffs ..
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REPORT AND RECOMMENDATION1 THAT (1) THE PARTIES' STIPULATED MOTION TO STRIKE PLAINTIFFS' REQUEST FOR ATTORNEYS' FEES FROM THE COMPLAINT (DOC. 39) BE GRANTED; AND (2) THE COURT ENTER AN ORDER STRIKING THE REQUEST FOR ATTORNEYS' FEES
MICHAEL J. NEWMAN, Magistrate Judge.
Now before the Court is the parties' stipulated motion to strike Plaintiffs' request for attorneys' fees from the complaint. Doc. 39. The parties agree that the complaint does not plead any basis that would entitle Plaintiffs to recover attorneys' fees. Id. at PageID 409.
Pursuant to Fed. R. Civ. P. 12(f), the Court "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." The time for the parties to file a motion to strike has passed; however, the Court may also act on its own. Although the "action of striking a pleading should be used sparingly by the courts," Anderson v. United States, 39 F. App'x 132, 135 (6th Cir. 2002) (quoting Brown & Williamson Tobacco Corp. v. United States, 201 F.2d 819, 822 (6th Cir. 1953)), the agreement by both sides compels the Court to conclude that it is appropriate in this instance.
Accordingly, the Court RECOMMENDS that:
1. The parties' stipulated motion to strike Plaintiffs' request for attorneys' fees from the complaint (doc. 39) be GRANTED; and
2. The Court enter an Order STRIKING the request for attorneys' fees.
FootNotes
1. Attached hereto is a NOTICE to the parties regarding objections to this Report and Recommendation.
Source: Leagle
