Slep-Tone Entertainment Corporation v. Dunn

Filing 23

ORDER: Plaintiff's Motion to Strike Affirmative Defenses 19 is GRANTED. Defendant's affirmative defenses are stricken. Defendant may file amended affirmative defenses within twenty (20) days of this Order. The amended affirmative defense shall include facts sufficient to provide Plaintiff fair notice of the basis of the defense. Signed by Judge James S. Moody, Jr on 3/13/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SLEP-TONE ENTERTAINMENT
CORPORATION,
Plaintiff,
v.

Case No. 8:12-cv-1440-T-30EAJ

NORMA DUNN,
Defendant.
_____________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion to Strike Affirmative
Defenses (Dkt. 19). Defendant Norma Dunn failed to file any opposition to Plaintiff’s
motion and the time for doing so has now passed. Upon consideration of Plaintiff’s motion
and being otherwise advised in the premises, the Court concludes that the motion should be
granted.
Defendant Norma Dunn is proceeding in this case pro se. Her answer asserts
boilerplate affirmative defenses. Specifically, Dunn includes ten one-sentence affirmative
defenses of: (1) failure to state a claim; (2) laches; (3) estoppel; (4) waiver; (5) fraud; (6)
unclean hands; (7) statute of limitations; (8) standing; (9) failure to join indispensable parties;
and (10) reservation of rights to assert additional affirmative defenses (Dkt. 14).
Plaintiff moves to strike Dunn’s affirmative defenses for their failure to include any
supporting facts. The Court agrees that the bare-bones defenses are insufficient as a matter

of law because they do not meet the general pleading requirements of Rule 8 of the Federal
Rules of Civil Procedure. Specifically, Dunn needs to allege some facts in support of her
affirmative defenses.1
It is therefore ORDERED AND ADJUDGED that:
1.

Plaintiff’s Motion to Strike Affirmative Defenses (Dkt. 19) is GRANTED.

2.

Defendant’s affirmative defenses are hereby stricken. Defendant may file

amended affirmative defenses within twenty (20) days of this Order. The amended
affirmative defense shall include facts sufficient to provide Plaintiff fair notice of the basis
of the defense.
DONE and ORDERED in Tampa, Florida on March 13, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Even\2012\12-cv-1440.mtstrikeAD19.frm

1

Notably, a number of these purported affirmative defenses amount to denials of the
claims and therefore do not need to be asserted in the answer.
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