JTS, LLC v. Nokian Tyres PLC et al

Filing 32

ORDER denying 25 Motion to Strike 20 MOTION to Amend/Correct 1 Complaint. Signed by Judge John W. Sedwick on 6/10/15. (GMM, CHAMBERS STAFF)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF ALASKA 8 9 JTS, LLC dba Johnson’s Tire Service, 10 Plaintiff, 11 vs. 12 13 14 Nokian Tyres PLC, Nokian Tyres, Inc, and Nokian Tyres U.S. Holdings, Inc., Defendants. 15 ) ) ) ) ) ) ) ) ) ) ) 3:14 -cv-254 JWS ORDER AND OPINION [Re: Motion at Doc. 25] 16 At docket 25 defendant Nokian Tyres, Inc. (“Nokian”) moves to strike the motion 17 to amend the complaint filed at docket 20 by plaintiff JTS, LLC (“JTS”). Nokian’s 18 19 memorandum supporting the motion is at docket 26. JTS’ responsive memorandum is at docket 29. Nokian’s reply is at docket 31. 20 Nokian’s motion relies on Fed. R. Civ. P. 12(f). That rule provides as follows: 21 The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. 22 23 24 25 26 The rule goes on to say that the court may act sua sponte or on a motion made by a party. Rule 12(f), upon which Nokian expressly relies, refers to material contained in “a pleading.” Fed. R. Civ. P. 7(a) defines the term pleadings. Motions are not pleadings.1 The substance of Nokian’s motion is that JTS’ motion to amend does not conform to 27 28 1 Motions are the subject of Fed. R. Civ. P. 7(b). 1 the local rules. Such an asserted defect is something which can and should be 2 addressed in the response to the motion to amend. This court is tasked with construing 3 and administering the Federal Rules of Civil Procedure “to secure the just, speedy, and 4 5 inexpensive determination of every action and proceeding.”2 It is antithetical to the goal of Rule 1 to countenance the use of a motion to strike when its substance may be stated in a response to the motion sought to be struck. 6 7 The motion at docket 25 is DENIED. DATED this 10th day of June 2015. 8 9 /s/ JOHN W. SEDWICK SENIOR UNITED STATES DISTRICT COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Fed. R. Civ. P. 1. -2-

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