A. et al v. Doe Run Resources Corporation et al

Filing 221

MEMORANDUM AND ORDER. (read order for details) IT IS HEREBY ORDERED that plaintiffs' motion to strike, or in the alternative, to stay [# 159 ] is denied. IT IS FURTHER ORDERED that defendants' motion for clarification of case management order and for extension of time to respond to plaintiffs' motion to strike or stay [# 164 ] is denied as moot. Signed by District Judge Catherine D. Perry on 06/16/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
A.O.A., et al.,
Plaintiffs,
vs.
DOE RUN RESOURCES
CORPORATION, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 4:11CV44 CDP

MEMORANDUM AND ORDER
Defendants filed a motion for a determination of foreign law. Plaintiffs
initially filed a motion to strike against the defendants’ motion, and they have since
filed a memorandum in opposition to the defendants’ motion. A motion to strike
may only be employed under Rule 12 against a pleading. Fed. R. Civ. Proc. 12.
Rule 7 of the Federal Rules of Civil Procedure, in turn, sets forth the pleadings
allowed under the Rules. Because a motion is not, by definition, a pleading,
plaintiffs’ motion to strike must be denied.
Plaintiffs’ motion asks, in the alternative, that I stay ruling on the
defendants’ motion for a determination of foreign law until the parties complete
further discovery. Plaintiffs’ point on this issue is well taken, but I have granted
repeated extensions of time for both parties to brief the motion. Plaintiffs’ motion
to stay will be denied.

Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion to strike, or in the
alternative, to stay [# 159] is denied.
IT IS FURTHER ORDERED that defendants’ motion for clarification of
case management order and for extension of time to respond to plaintiffs’ motion
to strike or stay [# 164] is denied as moot.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 16th day of June, 2014.

-2-