Favaloro v. BJC Healthcare et al

Filing 50

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to strike defendants' memorandum in opposition to plaintiff's motion for leave to file a second amended complaint is DENIED. [Doc. 49 ]. Signed by District Judge Charles A. Shaw on 3/4/15. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

SALLY K. FAVALORO,

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Plaintiff,
v.
BJC HEALTHCARE, et al.,
Defendants.

No. 4:14-CV-284 CAS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff Sally K. Favaloro’s motion to strike defendants’
memorandum in opposition to plaintiff’s motion for leave to file a second amended complaint. The
motion will be denied for the following reasons.
Under Federal Rule of Civil Procedure 12(f), a court may “strike from a pleading an
insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Rule 12(f),
Fed. R. Civ. P. (emphasis added). A motion to strike is properly directed only to material contained
in pleadings. Coleman v. City of Pagedale, No. 4:06-CV-1376 ERW, 2008 WL 161897, *4 (E.D.
Mo. Jan.15, 2008). The Federal Rules of Civil Procedure define pleadings as a complaint, an answer
to a complaint, an answer to a counterclaim designated as a counterclaim, an answer to a crossclaim,
a third-party complaint, an answer to a third-party complaint, and if the court orders one, a reply to
an answer. Fed. R. Civ. P. 7(a). Motions, briefs, memoranda, objections or affidavits may not be
attacked by a motion to strike. 2 James W. Moore, et al., Moore’s Federal Practice § 12.37[2] (3rd
ed.2010). See Coleman, 2008 WL 161897, at *4; Mecklenburg Farm, Inc. v. Anheuser-Busch, Inc.,
No. 4:07-CV-1719 CAS, 2008 WL 2518561, *1 (E.D. Mo. June 19, 2008).

Defendants’

memorandum in opposition to plaintiff’s motion for leave to file a second amended complaint is not
a pleading and thus cannot be attacked with a motion to strike.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to strike defendants’ memorandum in
opposition to plaintiff’s motion for leave to file a second amended complaint is DENIED. [Doc.
49]

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 4th day of March, 2015.

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