Cherry v. Southern Refrigerated Transport

Filing 19

ORDER granting 14 Motion to Strike 13 Response. Signed by Honorable Barry A. Bryant on April 21, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION RONALD CHERRY vs. PLAINTIFF Case No. 4:13-cv-04095 SOUTHERN REFRIGERATED TRANSPORT DEFENDANT ORDER 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. 1. Background: 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. 2. Discussion: 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: -1- 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 -2-

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