Filed: Jun. 26, 2013
Latest Update: Jun. 26, 2013
Summary: ORDER E. CLIFTON KNOWLES, Magistrate Judge. This matter is before the Court upon Plaintiff's "Motion to Strike Defendant Hanna C. Ilia, M.D.'s Reply to Plaintiff's Response in Opposition to Defendant's Motion to Compel and Alternative Motion to File Sur-Reply." Docket No. 62. Motions to Strike are governed by Fed. R. Civ. P. 12(f), which states: The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:
Summary: ORDER E. CLIFTON KNOWLES, Magistrate Judge. This matter is before the Court upon Plaintiff's "Motion to Strike Defendant Hanna C. Ilia, M.D.'s Reply to Plaintiff's Response in Opposition to Defendant's Motion to Compel and Alternative Motion to File Sur-Reply." Docket No. 62. Motions to Strike are governed by Fed. R. Civ. P. 12(f), which states: The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act: ..
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ORDER
E. CLIFTON KNOWLES, Magistrate Judge.
This matter is before the Court upon Plaintiff's "Motion to Strike Defendant Hanna C. Ilia, M.D.'s Reply to Plaintiff's Response in Opposition to Defendant's Motion to Compel and Alternative Motion to File Sur-Reply." Docket No. 62.
Motions to Strike are governed by Fed. R. Civ. P. 12(f), which states:
The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:
(1) on its own; or
(2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 20 days after being served with the pleading.
Fed. R. Civ. P. 12(f) (emphasis added).
Motions to Strike are applicable only to pleadings. See Fox v. Michigan State Police Dept., 2006 U.S. App. LEXIS 5019 (6th Cir.) at **5-6; Wimberly v. Clark Controller Co., 364 F.2d 225, 227 (6th Cir. 1966). See also Lombard v. MCI Telecommunications Corp., 13 F.Supp.2d 621, 625 (N.D. Ohio 1998); Hrubec v. National R.R. Passenger Corp., 829 F.Supp. 1502, 1506 (N.D. Ill. 1993).
The instant Motion is not a pleading, and, therefore, it cannot be stricken. Therefore, Plaintiff's "Motion to Strike" is DENIED.
Plaintiff's Alternative Motion for Leave to File a Sur-Reply is, however, GRANTED. Plaintiff shall file his Sur-Reply within fourteen (14) days from the entry of the instant Order.
IT IS SO ORDERED.
