Seare v. St. Rose Hospital et al

Filing 20

ORDER Denying 12 Defendants' Motion to Strike. Signed by Judge Kent J. Dawson on 5/5/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WAYNE SEARE,

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Plaintiff,

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v.

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Case No. 2:10-CV-02190-KJD-GWF

CATHOLIC HEALTHCARE WEST, et
al.,

ORDER

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Defendants.
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Presently before the Court is Defendants’ Motion to Strike Paragraphs 23 & 24 of the
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Complaint (#12). Plaintiff filed a response in opposition (#15) to which Defendants replied (#16).
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Rule 12 (f) of the Federal Rules of Civil Procedures allows the Court to strike from a
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pleading any redundant, immaterial, impertinent or scandalous matter. Plaintiff’s allegations rest on
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the assertion that he was terminated after complaining to a supervisor that he was being sexually
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harassed by a co-worker. The paragraphs that Defendant seeks to strike describe a dispute that
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Defendant had related to his employment and that Defendant claims affected the view that
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management had of him. While it us unclear whether the incident described will help or hinder his
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Title VII action, it is clear that the incident is relevant in understanding Defendant’s employment
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situation that led to his termination.
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Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion to Strike Paragraphs 23 &
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DATED this 5th day of May 2011.

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_____________________________
Kent J. Dawson
United States District Judge

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