Bank of America, N.A. v. Sonrisa Homeowners Association et al

Filing 48

ORDER Denying Defendant's 30 Motion to Strike. Signed by Magistrate Judge George Foley, Jr. on 07/28/2016. (Copies have been distributed pursuant to the NEF - NEV)

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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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SONRISA HOMEOWNERS
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ASSOCIATION, et al.,
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Defendants.
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__________________________________________)
BANK OF AMERICA, N.A.

Case No. 2:16-cv-00848-JCM-GWF
ORDER

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This matter is before the Court on Defendant Sonrisa Homeowners’ Association’s (“Sonrisa”)

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Motion to Strike (ECF No. 30), filed on June 23, 2016. Defendant SFR Investments Pool 1, LLC

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(“SFR”) filed its Response (ECF No. 37) on July 11, 2016.

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Defendant Sonrisa filed its motion to dismiss (ECF No. 7) on May 9, 2016. Defendant SFR

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filed its limited response (ECF No. 22) to Defendant Sonrisa’s motion to dismiss on June 13, 2016.

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Defendant Sonrisa requests that the Court strike Defendant SFR’s limited response (ECF No. 22) to

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Defendant Sonrisa’s motion to dismiss. Motion to Strike (ECF No. 30), pg. 2. Defendant Sonrisa

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argues that Defendant SFR lacks prudential standing to file its limited response because it asserts

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defenses on behalf of Plaintiff. Id. at 2-3. Defendant SFR argues that it is entitled to assert its

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position in its limited response because Defendant SFR would be directly impacted if Defendant

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Sonrisa’s motion to dismiss was granted. Response (ECF No. 37), pg. 2.

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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 to

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

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517, 114 S. Ct. 1023. Striking material pursuant to Rule 12(f) is considered a “drastic remedy” that is

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“generally disfavored.” Nevada Fair Housing Center, Inc. V. Clark County, 565 F. Supp. 2d 1178

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(D.Nev. 2008). Given their disfavored status, courts often require a showing of prejudice by the

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moving party before granting the requested relief. Roadhouse v. Las Vegas Metro. Police Dep’t, 290

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F.R.D. 535, 543 (D. Nev. 2013). Whether to grant a motion to strike lies within the sound discretion

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of the district court. Id. Motions to strike should not be granted unless it is clear that the matter to be

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stricken could have no possible bearing on the subject matter of the litigation. Banks v. Mac, 2013

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WL 323337, at *1 (D. Nev. Jan. 28, 2013) (quoting Bureerong v. Uvawas, 922 F. Supp. 1450, 1478

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(C.D. Cal. 1996).
The Court does not find Defendant Sonrisa’s motion to strike persuasive. Defendant Sonrisa

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does not identify what is “an insufficient defense” or “redundant, immaterial, impertinent, or

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scandalous” in Defendant SFR’s limited response that warrants being stricken. Fed. R. Civ. P. 12(f).

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Defendant Sonrisa does not clarify how Defendant SFR, a named defendant, lacks prudential standing

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to respond to Defendant Sonrisa’s motion to dismiss aside from the argument that Defendant SFR

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sets forth defenses on behalf of Plaintiff. See Motion to Strike (ECF No. 30), pg. 2. In its limited

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response, however, Defendant SFR argues that the Court cannot reach the adjudication of the rights

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of all parties without the inclusion of Defendant Sonrisa in this litigation. Limited Response (ECF

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No. 22), pg. 2-3. Plaintiff has failed to meet Rule 12(f)’s standard to warrant striking Defendant

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SFR’s limited response. Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Strike (ECF No. 30) is denied.

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DATED this 28th day of July, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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