Ivin Mood v. County of Orange et al

Filing 30


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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

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