Rosiere v. United States of America

Filing 56

ORDER denying 28 Motion to Strike. Signed by Magistrate Judge George Foley, Jr on 11/30/2016. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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vs.
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UNITED STATES OF AMERICA,
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Defendants.
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__________________________________________)
SHAUN ROSIERE,

Case No. 2:15-cv-02187-APG-GWF
ORDER

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This matter is before the Court on Plaintiff’s Motion to Strike (ECF No. 28) Defendant’s

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Motion to Stay, filed on October 4, 2016. Defendant filed its Opposition (ECF No. 38) on October

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20, 2016.

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Under Rule 12(f) of the Federal Rules of Civil Procedure, the Court may strike from a

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pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

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Fed. R. Civ. P. 12(f). The essential function of a Rule 12(f) motion is to avoid the expenditure of

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time and money that must arise from litigating spurious issues by dispensing with those issues prior

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to trial. Fantasy, Inc. v. Fogerty, 984 F.2d 1524, 1527 (9th cir. 1993), rev’d on other grounds, 510

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U.S. 517, 114 S. Ct. 1023. However, striking material pursuant to Rule 12(f) is considered a

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“drastic remedy” that is “generally disfavored.” Nevada Fair Housing Center, Inc. V. Clark

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County, 565 F. Supp.2d 1178 (D. Nev. 2008).

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Plaintiff requests that the Court strike Defendant’s Motion to Stay (ECF No. 26) as a

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frivolous pleading. On October 27, 2016, the Court granted Defendant’s Motion to Stay pending a

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ruling on Defendant’s Motion to Dismiss. See ECF No. 42. Therefore, the Court denies Plaintiff’s

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Motion to Strike as moot. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Strike (ECF No. 28) is denied.

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DATED this 30th day of November, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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