Ivin Mood v. County of Orange et al

Filing 30

MINUTES (IN CHAMBERS) ORDER DENYING MOTION TO STRIKE AS UNTIMELY by Magistrate Judge Kenly Kiya Kato, (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL

Case No.
Title

SACV17-00762-SVW (KK)

Date:

December 08, 2017

Ivin Mood v. County of Orange, et al.

DOCKET ENTRY
PRESENT: HON. KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
Deb Taylor

None

Deputy Clerk

Court Reporter/Recorder

ATTORNEYS PRESENT FOR PLAINTIFF(S):

None

PROCEEDINGS:

ATTORNEYS PRESENT FOR DEFENDANT(S):

None

(IN CHAMBERS)

The Court is in receipt of Defendant's Motion to Strike Portions of Plaintiff's Third Amended
Complaint ("Motion to Strike") with a hearing set for January 11, 2018. ECF Docket No. ("Dkt.")
28. On December 7, 2017, Defendant also filed an Answer to Plaintiff's Third Amended
Complaint. Dkt. 29. Under Federal Rule of Civil Procedure 12(f), a party may move to strike
"from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous
matter" before responding to the pleading. Fed. R. Civ. P. 12(f). Therefore, the Motion to Strike
is untimely and must be DENIED as MOOT. See Culinary & Serv. Emps. Union v. Hawaii Emp.
Benefit Admin., 688 F.2d 1228, 1232 (9th Cir. 1982) (district court committed error by striking
counts from amended complaint on party's motion to strike where defendants “had already filed
their answer to the complaint”); see also Brooks v. Caswell, No. 3:14-CV-01232-AC, 2015 WL
5178080, at *4 (D. Or. Sept. 3, 2015) (denying motion to strike as untimely Because a "party must
file a Rule 12(f) motion before responding to a pleading").

dts
Initials of Deputy Clerk

MINUTES FORM 11
CIVIL-GEN