National Trust Insurance Company v. Pennsylvania National Mutual Casualty Insurance Company

Filing 26

ORDER granting in part and denying in part 22 the plaintiff's motion to strike the defendant's defenses. Signed by Magistrate Judge Patricia D. Barksdale on 1/12/2017. (LG)

United States District Court
Middle District of Florida
Jacksonville Division
NATIONAL TRUST INSURANCE COMPANY,
Plaintiff/Counter-defendant,
V.

NO. 3:16-CV-695-J-34PDB

PENNSYLVANIA NATIONAL MUTUAL
CASUALTY INSURANCE COMPANY,
Defendant/Counterclaimant.

Order Granting in Part Plaintiff’s Motion to Strike
In this case, the plaintiff seeks declaratory judgment on an insurance-coverage
dispute. Doc. 2. A summary of the allegations is in the Court’s December 9, 2016,
order denying the defendant’s motion to dismiss for improper venue or to transfer the
case to another district. Doc. 25. Now before the Court is plaintiff’s motion to strike
defenses from the responsive pleading. Doc. 22.
The defenses state:
First Affirmative Defense and Motion to Dismiss
[The defendant] pleads improper venue as a defense to [the plaintiff’s]
claims against [the defendant] and moves the Court to enter an Order
dismissing all of [the plaintiff’s] claims against [the defendant] pursuant
to Rule 12(b)(3) of the Federal Rules of Civil Procedure, as set forth in
[the defendant’s] Motion to Dismiss (Doc. 12).
Second Affirmative Defense and Motion to Transfer
In the alternative, [the defendant] moves that this action be transferred,
pursuant to 20 U.S.C. §§ 1404(a) and 1406(a) in order to transfer venue
to the United States District Court for the Western District of North
Carolina in the interest of justice and for the convenience of the

witnesses if [the defendant’s] Motion to Dismiss for improper venue is
denied, as set forth in [the defendant’s] Motion to Transfer (Doc. 12).
Third Affirmative Defense
[The defendant] pleads the terms and conditions of the policy of
insurance issued by [the plaintiff], policy number CPP 0011051-01, to
Linear Masonry, Inc. against [the plaintiff’s] request for declaratory
judgment that there is no coverage under the [plaintiff’s] [p]olicy for any
of the underlying claims and underlying actions against Linear.
Doc. 20 at 10–11 (capitalization altered).
Federal Rule of Civil Procedure 12(f) allows a court to strike from a pleading
any “insufficient defense or any redundant, immaterial, impertinent, or scandalous
matter.” A court usually will not strike something from a pleading unless it does not
have any possible connection to the controversy and might prejudice a party if it
remains. Assa Compania De Seguros, S.A. v. Codotrans, Inc., 15 F. Supp. 3d 1271,
1275 (S.D. Fla. 2014).
Because the first and second defenses served as the bases for the motion to
dismiss, which the Court has denied, Doc. 25, the Court grants the plaintiff’s motion
with respect to the first and second defenses. They are deemed stricken. Because the
third defense relates to the case insofar as it references a policy underlying the
dispute and, even if confusing, causes the plaintiff no prejudice, the Court denies the
plaintiff’s motion with respect to the third defense.
Ordered in Jacksonville, Florida, on January 12, 2017.

c:

Counsel of Record

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