Yates et al v. State Farm Fire & Casualty Company

Filing 17

ORDER GRANTING 12 Defendant's Motion to Strike Certain Paragraphs in the Complaint. The following paragraphs have been stricken from the complaint: 13, 14, 22, 24, 28, 43, 44, 52, 55, 60, 61, 65,67, 70, 75, 80, 82, 84, 86, and 93. Signed by US District Judge Terrence W. Boyle on 2/8/2014. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

)
)
)
)
)
vs.
)
STATE FARM FIRE AND CASUALTY )
)
COMPANY, a Property & Casualty
)
Domestic Stock insurance company
incorporated in Illinois and wholly-owned )
)
by State Farm Mutual Automobile
)
Insurance Company, an Illinois Property
)
& Casualty Domestic Mutual insurance
)
company,
Defendant. )
JESSE G. YATES, III, and MELISSA
YATES
Plaintiffs.

CONSENT ORDER
ALLOWING DEFENDANT'S MOTION
TO STRIKE PURSUANT TO RULE 12(f)
OF THE FEDERAL RULES OF CIVIL
PROCEDURE

Civil Action No. 7:13-cv-00233-BO

Whereas, the parties to this Consent Order Allowing Defendant's Motion to Strike have
stipulated that certain allegations contained in Plaintiffs' Complaint should be stricken, and have
agreed to the terms of this Order; the Court fmds as follows:
1.

Rule 12(f) of the Federal Rules of Civil Procedure provides, "The court may

strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or
scandalous matter. The court may act: (1) on its own; or (2) on motion made by a party either
before responding to the pleading or, if a response is not allowed, within 21 days after being
served with the pleading."
2.

Rule 12(f) "provides the Court a means to clean up the pleadings, streamline

litigation and avoid unnecessary forays into immaterial matters." Sun Microsystems, Inc. v.

Versata Enterprises, Inc., 630 F. Supp.2d 395, 402 (D. Del. 2009) (quoting Mcinerney v. Moyer
Lumber & Hardware, Inc., 244 F. Supp.2d 393, 402 (E.D. Pa. 2002)).

3.

Defendant timely made a Motion to Strike certain allegations contained in

Plaintiffs' Complaint.
4.

The cited allegations of Plaintiffs' Complaint go beyond stating what is necessary

to give the Court and the Defendant notice of the nature of the claims being made against the
Defendant and the basis for those claims. Instead, Plaintiffs' Complaint contains material and
matters which all parties agree should be stricken.
5.

The parties having so consented, and the Court having so found, then Defendant's

Motion to Strike is therefore ALLOWED.
6.

The parties consent to the entry of this Order.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Paragraphs 13, 14,
22, 24, 28, 43, 44, 52, 55, 60, 61, 65, 67, 70, 75, 80, 82, 84, 86 and 93 of the Plaintiffs'
Complaint be stricken.

So Ordered, this the

X

day of February, 2014.

CONSENTED TO:

Is/ MICHAEL S. DAVENPORT
MICHAELS. DAVENPORT
NC State Bar No. 23956
2505 South College Road
Wilmington, North Carolina 28412
Telephone: [phone]
Facsimile: (91 0) 799-8496
Email: [e-mail]
Counsel for PlaintiffS

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•

Is/ H. SCOTT OVERHOLT
H. SCOTT OVERHOLT
NC State Bar No. 18462
2505 South College Road
Wilmington, North Carolina 28412
Telephone: [phone]
Fascimile: Facsimile: [phone]
Email: [e-mail]
Counsel for Plaintiffs

Is/ JONATHAN E. HALL
JONATHAN E. HALL
NC State Bar No. 19953
Wells Fargo Capitol Center
150 Fayetteville Street, Suite 1400
Raleigh, NC 27601
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Defendant

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