Johnson v. Wal-Mart Associates, Inc.

Filing 14

ORDER - Fefendant's motion to strike [DE 10] is DENIED. The Clerk is DIRECTED to seal the complaint. Plaintiff is DIRECTED to file a redacted version of the complaint, with the references to the DES proceedings redacted, within five days of the entry of this order. Signed by District Judge Terrence W. Boyle on 7/13/2021. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No . 5 :2 l-CV-198

FA YTRICE JOHNSON,
Plaintiff,
V.

WAL-MART ASSOCIATES , INC. ,
Defendant.

)
)
)
)
)
)

ORDER

)

This cause comes before the Court on defendant' s motion to strike allegations from the
complaint. Plaintiff has failed to respond to the motion, and the time for doing so has expired. In
this posture, the motion is ripe for ruling and, for the reasons that follow, the motion is denied .
BACKGROUND
Plaintiff this action against defendant, her former employer, alleging claims of wrongful
discharge in violation of public policy under N.C. Gen. Stat. § 95-241 and retaliatory employment
discrimination in violation of the North Carolina Retaliatory Employment Discrimination Act.
Defendant timely removed the action to this Court. In support of her contention that defendant
retaliated against her and wrongfully terminated her, plaintiff relies on a decision by the North
Carolina Division of Employment Security (DES) awarding her unemployment insurance benefits.
Defendant has moved to strike paragraphs 31 to 35 of plaintiffs complaint, which reference the
DES proceedings, as confidential , inadmissible, and disclosed in violation ofN.C. Gen. Stat. § 964.
DISCUSSIO
Rule 12(f) of the Federal Rules of Civil Procedure allows the Court to strike from a
pleading "an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter."

Motions to strike are generally disfavored in this circuit, however, " because striking a portion of a
pleading is a drastic remedy and because it is often sought by the movant simply as a dilatory
tactic. " Waste Mgmt. Holdings, Inc. v. Gilmore, 252 F.3d 316, 347 (4th Cir. 2001).
The Court, in its discretion, has determined that the drastic remedy of striking paragraphs
from the complaint is unnecessary. Accordingly, the motion to strike is denied. However, in light
ofN .C. Gen. Stat. § 96-4 , the Court directs the Clerk to seal the complaint.
CONCLUSION
For the fore going reasons, defendant' s motion to strike [DE 1OJ is DENIED. The Clerk is
DIRECTED to seal the complaint. Plaintiff is DIRECTED to file a redacted version of the
complaint, with the references to the DES proceedings redacted, within five days of the entry of
this order.

SO ORDERED, this

/J day of July, 2021 .

~~JS%!_
TRRENCEW.B0YLE

UNITED STATES DISTRlCJUDGE

2