Kaupp v. Just Marketing, Inc. et al

Filing 16

MEMORANDUM OPINION AND ORDER, the identified portions of the Amended Complaint are stricken and the Plaintiff is ordered to serve an amended complaint on the parties that is consistent with this Order. Additionally, Plaintiff is directed not to file this new complaint until the Defendants' objections noted in the telephone conference held this morning are resolved. (See MEMORANDUM OPINION AND ORDER as set forth) (Signed by Judge John F. Keenan on 12/28/2010) (lnl)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------X Jane KAUPP, : : Plaintiff, : : -against: : JUST MARKETING, INC., et al. : : Defendants. : -----------------------------------X

10 Civ. 7559 (JFK) MEMORANDUM OPINION AND ORDER

JOHN F. KEENAN, United States District Judge: By its letter dated December 22, 2010, Defendant Just

Marketing, Inc. ("JMI") requested a conference to discuss the proper procedure to prevent the filing of the Plaintiff's Second Amended argues Verified that the Complaint Amended (the "Amended Complaint"). scandalous JMI and

Complaint

contains

irrelevant allegations. this morning by

The Court held the requested conference and has considered the Amended

telephone

Complaint, as well as JMI's letter and Plaintiff's letter in response dated December 22, 2010. For the reasons set forth

below, the Court moves sua sponte under Rule 12(f) to strike portions of Plaintiff's Amended Complaint as irrelevant and

scandalous. Discussion Rule 12 of the Federal Rules of Civil Procedure permits the court to "strike from a pleading . . . any redundant,

immaterial, impertinent, or scandalous matter," and to do so on its own motion. Fed. R. Civ. P. 12(f).

Paragraph 88 that are

of

the Amended Complaint and at at best its

contains allegations relevant a claim to the Mr. is

scandalous lawsuit,

tangentially involves Therefore,

instant Church

which

core

that 88

has

harassed

Ms.

Kaupp.

Paragraph

stricken in its entirety. The is in portion of parentheses 89 Paragraph is 89 of the Amended Complaint While that other may all be portions relevant that of to are is

stricken. accusations JMI's

Paragraph Plaintiff's drawn

contain of the

theory of

liability the

when

inferences

in favor

Plaintiff,

portion in parentheses

both scandalous and impertinent.

Conclusion
For the foregoing are reasons, the identified portions Plaintiff that is is is of the

Amended Complaint serve with file an this this amended Order. new

stricken and the on the

ordered to consistent not to

complaint

parties

Addi t i o n a l l y , until the

Plainti f f

directed obj ections

complaint

Defendants'

noted

in the telephone conference held this morning are resolved.

SO ORDERED.
Dated: N e w York, New York December 28, 2010

(~ JOHN

~~tl1:~

F. KEENAN United States District Judge

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