Amoruso v. TransUnion et al

Filing 26

MEMO ENDORSEMENT on MOTION TO STRIKE: denying #22 Motion to Strike document #22 MOTION to Strike Document No. #15 filed by Laura Amoruso from the record. ENDORSEMENT: Plaintiff's letter motion to strike Defendant's Answer is DENIED. Under Federal Rule of Civil Procedure 12(f), the district court may strike material from the pleadings on the grounds that it is "redundant, immaterial, impertinent, or scandalous." Motions to strike "are not generally favored, except in relation to scandalous matters," such as those that "impugn[]the character" of litigants. Brown v. Maxwell, 929 F.3d 41, 51 n.42 (2d Cir. 2019). Defendant TransUnion's Answer (Dkt. No. 15) denies Plaintiff's allegations and asserts affirmative defenses. Denying allegations or asserting defenses does not constitute "redundant, immaterial, impertinent, or scandalous" matter sufficient to grant a motion to strike. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 22. (Signed by Judge Lorna G. Schofield on 5/18/2023) (ama)

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Case 1:23-cv-02421-LGS Document 26 Filed 05/18/23 Page 1 of 4 Case 1:23-cv-02421-LGS Document 26 Filed 05/18/23 Page 2 of 4 Case 1:23-cv-02421-LGS Document 26 Filed 05/18/23 Page 3 of 4 Case 1:23-cv-02421-LGS Document 26 Filed 05/18/23 Page 4 of 4 Plaintiff's letter motion to strike Defendant's Answer is DENIED. Under Federal Rule of Civil Procedure 12(f), the district court may strike material from the pleadings on the grounds that it is "redundant, immaterial, impertinent, or scandalous." Motions to strike "are not generally favored, except in relation to scandalous matters," such as those that "impugn[] the character" of litigants. Brown v. Maxwell, 929 F.3d 41, 51 n.42 (2d Cir. 2019). Defendant TransUnion's Answer (Dkt. No. 15) denies Plaintiff's allegations and asserts affirmative defenses. Denying allegations or asserting defenses does not constitute "redundant, immaterial, impertinent, or scandalous" matter sufficient to grant a motion to strike. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 22. Dated: May 18, 2023 New York, New York

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