DELIERE v. DOCKERY et al

Filing 15

ORDER granting 9 Motion to Strike Paragraph 3 of 1 Complaint. Plaintiff may resubmit or replead a second sentence describing the state where the terminal was located from which the vehicle commenced its journey prior to the incident which is the subject of this dispute. Signed by Magistrate Judge William G. Hussmann, Jr., on 4/2/2013. (NRN)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
CAROLE Y. DELIERE,
Plaintiff,
v.
JEFFREY S. DOCKERY and
TRANSWOOD, INC.,
Defendants.

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2:13-cv-58-JMS-WGH

ORDER ON DEFENDANTS’ MOTION TO STRIKE
PORTION OF PARAGRAPH 3 OF PLAINTIFF’S COMPLAINT
This matter is before the Honorable William G. Hussmann, Jr., United
States Magistrate Judge, on Defendants’ Motion to Strike Portion of Paragraph 3
of Plaintiff’s Complaint filed March 6, 2013. (Docket No. 9). Plaintiff filed her
Response on March 7, 2013, and Defendants filed their Reply Brief on March 7,
2013. (Docket Nos. 10-11).
The Magistrate Judge, being duly advised, now GRANTS the Motion to
Strike.
As originally pled, the locations of the terminals may have been material to
jurisdiction and to whether Defendant Jeffrey S. Dockery, a Tennessee citizen,
was acting within the scope of his employment with Defendant, Transwood, Inc.,
a Nebraska corporation. These allegations, as pled, are not scandalous or
impertinent.

However, now that the Answer has admitted jurisdiction and that Mr.
Dockery was acting within the scope of his employment, the allegation is no
longer pertinent in its entirety and may be prejudicial because of the inference
that Transwood, Inc., has significant assets. Therefore, the Motion to Strike is
GRANTED, and the second sentence of paragraph 3 is hereby STRICKEN. The
Plaintiff may resubmit or replead a second sentence describing the state where
the terminal was located from which the vehicle commenced its journey prior to
the incident which is the subject of this dispute.
SO ORDERED.
Dated: April 2, 2013

__________________________
William G. Hussmann, Jr.
United States Magistrate Judge
Southern District of Indiana

Served electronically on all ECF-registered counsel of record.

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