Choice Escrow and Land Title, LLC v. BancorpSouth Bank

Filing 36

ORDER that 25 MOTION to strike 23 Second Amended Complaint filed by BancorpSouth Bank is DENIED on its merits. It is further ORDERED that the parties shall file their proposed scheduling order on or before November 28, 2011. Signed on 10/25/11 by Magistrate Judge John T. Maughmer. (Alexander, Pam)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

Choice Escrow and Land Title, LLC,
Plaintiff,
V.
BancorpSouth Bank,
Defendant.

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) Case No. 10-3531-CV-W-JTM
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ORDER
On October 11, 2011, based upon an inaccurate assessment of the stipulation entered by
the parties on October 7, 2011 [Doc. 34], the Court denied as moot BancorpSouth Bank’s
MOTION TO STRIKE PORTIONS OF PLAINTIFF’S SECOND AMENDED COMPLAINT, filed August 22,
2011[Doc. 25]. Subsequently, counsel for BancorpSouth Bank telephoned Court staff and
advised that the parties’ stipulation was not intended to address BancorpSouth Bank’s motion to
strike and that BancorpSouth Bank wished to continue to seek the relief sought in that motion.
In its motion, BancorpSouth Bank moves to strike Exhibit 13 and Allegation Nos. 40, 41,
42, 43, 44, 64, 65, 92, 93 and 99 of plaintiff’s SECOND AMENDED COMPLAINT as either
immaterial, impertinent, or scandalous under Fed. R. Civ. P. 12(f). After due consideration of
the issues presented and a review of the challenged material, the Court does not find the exhibit
nor the allegations to be so immaterial, impertinent, and/or scandalous as to justify striking them
from the SECOND AMENDED COMPLAINT. Accordingly, it is

ORDERED that MOTION TO STRIKE PORTIONS OF PLAINTIFF’S SECOND AMENDED
COMPLAINT, filed August 22, 2011[Doc. 25] is DENIED on its merits. It is further
ORDERED that the parties shall file their proposed scheduling order on or before
November 28, 2011.

/s/ John T. Maughmer

JOHN T. MAUGHMER
U. S. MAGISTRATE JUDGE