Baywood Rlty & Constr Corp. v. Michael's Carpet & Linoleum, Inc. et al

Filing 19

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants' motion to strike 9 is denied, and plaintiff's motion to strike 12 is granted only as follows: defendants affirmative defense 4 is stricken from defendants answer, but in all other respects the motion to strike is denied. Signed by District Judge Rodney W. Sippel on 12/29/16. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BAYWOOD RTLY. & CONSTR.
CORP.,

)
)
)
Plaintiff,
)
)
vs.
)
)
MICHAEL’S CARPET & LINOLEUM )
INC., et al.,
)
)
Defendants.
)

Case No. 4:16 CV 1939 RWS

MEMORANDUM AND ORDER
This newly removed case is before me on cross motions to strike. Having
reviewed the motions under the relevant standards set out in the parties’ briefs, I
will deny plaintiff’s motion to strike defendants’ asserted affirmative defenses 2-3
and grant the motion to strike affirmative defense 4. Defendants may seek leave to
amend their answer if an affirmative defense arises during the course of discovery.
I will deny defendants’ motion to strike class allegations at this time,
although the Court questions whether plaintiff will ultimately be able to certify a
class in this case. In the future, plaintiff shall provide only Westlaw citations to
unpublished relevant authority, shall not file pleadings under seal without first
obtaining leave of Court (which will be denied absent a compelling reason), and
shall omit background information on the Telephone Consumer Protection Act

from its future filings as the Court is well versed on this federal statute. This case
will be set for a scheduling conference by separate Order.
Accordingly,
IT IS HEREBY ORDERED that defendants’ motion to strike [9] is denied,
and plaintiff’s motion to strike [12] is granted only as follows: defendants’
affirmative defense 4 is stricken from defendants’ answer, but in all other respects
the motion to strike is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 29th

day of December, 2016.

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