v. Thomas et al
Filing
61
OPINION and ORDER Denying Plaintiff's 57 Motion to Strike Defendants' Affirmative Defenses. Signed by District Judge Linda V. Parker. (RLou)
Case 4:15-cv-10210-LVP-EAS ECF No. 61 filed 10/03/18
PageID.914
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT P. THOMAS,
Plaintiff,
v.
Civil Case No. 15-10210
Honorable Linda V. Parker
Magistrate Elizabeth A. Stafford
LORI A. BRIGGS, and
MELISSA BORDEN
d/b/a THE DEVOTED BARN,
Defendants.
__________________________/
OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO STRIKE
DEFENDANTS’ AFFIRMATIVE DEFENSES
On January 20, 2015, Plaintiff initiated this lawsuit, pro se, against
Defendants. (ECF No. 1.) On September 13, 2018—over three and a half years
later, Plaintiff filed the instant Motion to Strike Defendants’ Affirmative Defenses.
(ECF No. 57.) Plaintiff moves the Court to strike pursuant to Federal Rule of Civil
Procedure 12(f); however, 12(f) requires that a motion to strike be made “within 21
days after being served with the pleading.” Plaintiff’s motion has far exceeded this
deadline and, therefore, is denied as untimely.
Accordingly,
Case 4:15-cv-10210-LVP-EAS ECF No. 61 filed 10/03/18
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IT IS ORDERED that Plaintiff’s Motion to Strike Defendants’ Affirmative
Defenses is DENIED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: October 3, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, October 3, 2018, by electronic and/or U.S.
First Class mail.
s/ R. Loury
Case Manager
2
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