THOMAS v. INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT et al

Filing 40

ORDER denying pltf's 34 Motion to Strike defts' partial motion to dismiss (see Order for details). Signed by Magistrate Judge Tim A. Baker on 7/20/2010. (SWM)

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DENNIS W. THOMAS, ) ) Plaintiff, ) ) vs. ) ) GREGORY P. BRINKER, MARK RAND, ) ELSIE S. TORRES, and ) CITY OF INDIANAPOLIS, ) ) Defendants. )

No. 1:09-cv-01516-TWP-TAB

ORDER DENYING PLAINTIFF'S MOTION TO STRIKE Before the Court is Plaintiff Dennis Thomas's motion to strike Defendants' partial motion to dismiss. [Docket No. 34.] Plaintiff argues that Defendants' motion to dismiss repeats "almost verbatim" the arguments set forth in their previous motion to dismiss, which Defendants withdrew following Plaintiff's amended complaint. [Id. at 1­2.] Defendants respond that generally under Federal Rule of Civil Procedure 12(f), motions to strike are employed only as a last resort, and the arguments set forth in their pending motion to dismiss are not entirely duplicative. [Docket No. 36.] The Court agrees with Defendants. Generally, Rule 12(f) motions are disfavored, and Defendants' recent motion to dismiss is not identical to their initial motion, as it removes arguments about Rule 8 standards and punitive damages. [Docket No. 16; Docket No. 32.] Moreover, Defendants withdrew their initial motion to dismiss in response to Plaintiff's amended complaint [Docket No. 36 at 2], so the Court has not addressed their arguments. Thus,

the Court denies Plaintiff's motion to strike. [Docket No. 34.] Dated: 07/20/2010
_______________________________ Tim A. Baker United States Magistrate Judge Southern District of Indiana

Copies to: Amy L. Cueller THE CUELLER LAW OFFICE [e-mail] Andrew R. Duncan RUCKELSHAUS KAUTZMAN BLACKWELL BEMIS & HASBROOK [e-mail] John F. Kautzman RUCKELSHAUS KAUTZMAN BLACKWELL BEMIS & HASBROOK [e-mail] Shannon Lee Logsdon CITY OF INDIANAPOLIS, CORPORATION COUNSEL [e-mail] John C. Ruckelshaus RUCKELSHAUS KAUTZMAN BLACKWELL BEMIS & HASBROOK [e-mail]

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