Sibley v. Allstate Insurance Co et al

Filing 19

MEMORANDUM ORDER denying as moot 12 Motion to Strike 8 Affimative Defenses. Signed by Magistrate Judge Karen L Hayes on 9/26/13. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
ROBERT C. SIBLEY, JR.

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CIVIL ACTION NO. 13-01261

VERSUS

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JUDGE DONALD E. WALTER

PLAN ADMINISTRATOR,
ALLSTATE INSURANCE COMPANY
CAFETERIA PLAN, ET AL

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MAG. JUDGE KAREN L. HAYES

MEMORANDUM ORDER
Before the undersigned Magistrate Judge, on reference from the District Court, is a
Motion to Strike Affirmative Defenses [doc. # 12] filed by Plaintiff, Robert C. Sibley, Jr. For
reasons assigned below, the Motion is DENIED as moot.1
A motion to strike filed pursuant to Rule 12(f) authorizes a court to “strike from a
pleading an insufficient defense . . . .” FED . R. CIV . P. 12(f). Plaintiff moved this Court to strike
Defendants’ affirmative defenses for various reasons. [doc. # 14]. However, subsequent to
Plaintiff’s Motion, Defendants’ amended their Answer to the satisfaction of Plaintiff. [See doc. #
18].2 Accordingly, Plaintiff’s Motion to Strike is moot.

1

As this motion is not excepted within 28 U.S.C. § 636(b)(1)(A), nor dispositive of any
claim on the merits within the meaning of Rule 72 of the Federal Rules of Civil Procedure, this
order is issued under the authority thereof, and in accordance with the standing order of this
Court. Any appeal must be made to the district judge in accordance with Rule 72(a) and L.R.
74.1(W).
2

Plaintiff’s counsel, via email communication with this Court, answered in the
affirmative when asked whether Defendants’ Amended Answer mooted Plaintiff’s Motion to
Strike. E-mail from William T. Allison, Attorney for Plaintiff, to author (Sept. 26, 2013, 01:23
CST) (on file with author).

For the above-stated reasons,
Plaintiff’s Motion to Strike [doc. # 12] is hereby DENIED as moot.
IT IS SO ORDERED.
THUS DONE AND SIGNED, in chambers, at Monroe, Louisiana, this 26th day of
September, 2013.