Salonen Marine Inc. v. Southern Drydock Inc.

Filing 40

ORDERED: Defendant's Motion to Strike, or in the Alternative, Defendant's Motion in Opposition to Plaintiff's Motion in Limine to Limit Expert Testimony of Claudio Crivici 36 is DENIED. See Order for details. Signed by Judge Marcia Morales Howard on 6/7/2017. (PTB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
SALONEN MARINE INC.,
Plaintiff,
vs.

Case No. 3:15-cv-1074-J-34PDB

SOUTHERN DRYDOCK INC.,
Defendant.
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ORDER
THIS CAUSE is before the Court on Defendant’s Motion to Strike, or in the
Alternative, Defendant’s Motion in Opposition to Plaintiff’s Motion in Limine to Limit Expert
Testimony of Claudio Crivici (Doc. No. 36; Motion) filed on May 15, 2017. In the Motion,
Defendant Southern Drydock Inc. (SDI) requests that the Court strike Plaintiff’s Motion in
Limine to Limit Expert Testimony of Claudio Crivici and Memorandum of Law (Doc. No. 33;
Motion in Limine), filed on May 11, 2017. See Motion at 1-3. Alternatively, SDI requests that
the Court deny the Motion in Limine. See id. at 3-15. On June 6, 2017, Plaintiff Salonen
Marine Inc. (Salonen Marine) filed its Response and Memorandum of Law in Opposition to
Defendant’s Motion to Strike and Memorandum of Law (Doc. No. 39; Response).
In support of its request to strike the Motion in Limine, SDI cites Rule 12(f), Federal
Rules of Civil Procedure (Rule(s)). See Motion at 1. Rule 12(f)(2) provides that, upon
motion by a party, the Court “may strike from a pleading an insufficient defense or any
redundant, immaterial, impertinent, or scandalous matter.” However, only material found in
a “pleading” may be stricken pursuant to Rule 12(f). See Jeter v. Montgomery County, 480

F. Supp. 2d 1293, 1296 (M.D. Ala. 2007); Lowery v. Hoffman, 188 F.R.D. 651, 653 (M.D.
Ala. 1999); Newsome v. Webster, 843 F. Supp. 1460, 1464-65 (S.D. Ga. 1994). Rule 7(a)
defines which documents constitute pleadings.1 See Scarborough v. Principi, 541 U.S. 401,
417 (2004) (noting that Rule 7(a) “enumerat[es] permitted ‘pleadings’”). Motions in limine
are not considered pleadings. See Rule 7(a). SDI’s Motion is directed at Salonen Marine’s
Motion in Limine – a filing that does not constitute a pleading. See Motion at 1; Rule 7(a).
Thus, the remedy provided in Rule 12(f) is not available, and the Motion is due to be denied.
Nevertheless, to the extent SDI’s Motion requests that the Court deny the Motion in Limine,
the Court will construe the Motion as SDI’s response in opposition to the Motion in Limine.
Additionally, the Court notes that in Salonen Marine’s Response, Salonen Marine
states that “the parties have agreed in principle to continue trial until December due to
plaintiff and defense counsels’ trial conflicts[,]” Response at 2. However, this matter
currently is set for trial during the Court’s August 2017 trial term. As such, the parties are
advised that, should they wish to move the trial to December, they must file a separate
motion requesting to do so. Accordingly, it is

1

Specifically, Rule 7(a) provides that "[o]nly 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.
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ORDERED:
1.

Defendant’s Motion to Strike, or in the Alternative, Defendant’s Motion in
Opposition to Plaintiff’s Motion in Limine to Limit Expert Testimony of Claudio
Crivici (Doc. No. 36) is DENIED.
A.

The Motion is DENIED to the extent SDI requests that the Court strike
the Motion in Limine.

B.

The Court construes the remaining arguments set forth as a response
in opposition to Plaintiff’s Motion in Limine to Limit Expert Testimony of
Claudio Crivici and Memorandum of Law (Doc. No. 33), and will
consider them in resolving that motion.

2.

Should the parties wish to move the trial currently scheduled for the Court’s
August 2017 trial term to December, the parties must file a separate motion
requesting to do so.

DONE AND ORDERED at Jacksonville, Florida, on June 7, 2017.

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lc24
Copies to:
Counsel of Record

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