Alston v. Mississippi Department of Transportation

Filing 77

ORDER denying 73 Motion to Strike. Signed by Magistrate Judge Jane M. Virden on 10/3/17. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

JASON D ALSTON

PLAINTIFF

V.

CAUSE NO. 4:16CV00236-DMB-JMV

MISSISSIPPI DEPARTMENT OF TRANSPORTATION

DEFENDANT

ORDER
On September 14, 2017, Plaintiff filed a Motion to Strike Defendant’s Sixteenth (sic)
Bogus Affirmative Defenses to Plaintiff’s Third Amended Complaint [73], arguing, among other
things, that the sixteen affirmative defenses asserted by Defendant are “legally insufficient” and
are nothing more than “bare conclusory statements.” Plaintiff further asserts Defendant’s
affirmative defenses are legally insufficient because “they are not actual affirmative defenses and
the burden of proving an affirmative defenses (sic) rests with the party asserting it.” For the
reasons stated in Defendant’s response [74], Plaintiff’s motion is denied. Furthermore, whether
Defendant’s affirmative defenses have any merit is not a matter to be determined at this stage of
the litigation.
SO ORDERED this 3rd day of October, 2017.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE