Cherry v. Southern Refrigerated Transport
ORDER granting 14 Motion to Strike 13 Response. Signed by Honorable Barry A. Bryant on April 21, 2014. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Case No. 4:13-cv-04095
BEFORE the Court is Defendant's Motion to Strike Response. ECF No. 14. Pursuant to
the provisions of 28 U.S.C. § 636(b)(1) and (3) (2005), United States District Judge Susan O. Hickey
referred the Motion to the undersigned for decision. This matter is ready for decision.
On October 15, 2013, Plaintiff filed a pro se Complaint against Defendant alleging
discrimination based on race and color. ECF No. 1. On February 20, 2014, Defendant filed its
Answer. ECF No. 11. On March 17, 2014, Plaintiff filed a Rebuttal Response to Answers. ECF.
No. 13. On April 2, 2014 Defendant file a Motion to Strike Response. ECF No. 14. With this
Motion, Defendant seeks to strike Plaintiff's Rebuttal Response to Answers. Id. Plaintiff failed to
respond to this Motion.
Rule 12(f) of the Federal Rules of Civil Procedure provides “[t]he court may strike from a
pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” Rule 7(a) of the Federal
Rules of Civil Procedure provides:
Only these pleadings are allowed: (1) a complaint; (2) an answer to a complaint; (3)
an answer to a counterclaim designated as a counterclaim; (4) an answer to a
crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.
Fed. R. Civ. P. 7(a)(1).
In reviewing Plaintiff's Rebuttal Response to Answers, it is neither a complaint, or answer
to a complaint, counterclaim, or crossclaim, a third-party complaint, or answer to third-party
complaint. ECF No. 13. A liberal reading of this pleading shows it to be at best to be a reply,
however, this Court has not ordered a reply to an answer. As a result, this entire pleading by Plaintiff
is immaterial and impertinent.
Accordingly, Defendant's Motion to Strike Response (ECF No. 14) is GRANTED. The
Clerk is DIRECTED to strike Plaintiff’s Rebuttal Response to Answers. (ECF No. 13).
DATED this 21st day of April, 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE
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