HANCOCK BANK v. BOYD BROTHERS INC et al

Filing 42

ORDER denied 26 Motion to Strike Affirmative Defenses and Demand for Jury Trial and Incorporated Memorandum of Law. Signed by JUDGE RICHARD SMOAK on 6/15/2011. (sea)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
HANCOCK BANK, a Mississippi
banking corporation,
Plaintiff/ Counter-defendant
vs.

CASE NO. 5:11-cv-94/RS-CJK

BOYD BROTHERS, INC., a Florida
corporation, et al.,
Defendants/ Counterclaimants
_________________________________________/
ORDER
Before me are Plaintiff’s Motion to Strike Affirmative Defenses and Demand for
Jury Trial (Doc. 26) and Defendants’ Response to Plaintiff’s Motion (Doc. 39).
Motions to strike are not favored. Matters will not be stricken from a pleading
unless it is clear that it can have no possible bearing upon the subject matter of the
litigation. If there is any doubt as to whether under any contingency the matter may raise
an issue, the motion should be denied. Pan American Life Ins. Co. v. Blanco, 311 F.2d
424, 428 (5th Cir. 1962).1 The Motion (Doc. 26) is DENIED in each of the consolidated
cases.
ORDERED on June 15, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE
1

Decisions by the former Fifth Circuit issued before October 1, 1981, are binding as precedent in the Eleventh
Circuit. See Bonner v. City of Prichard, Ala., 661 F.2d 1206, 1207(11th Cir. 1981) (en banc).