Cherry v. Macon Hospital, Inc. et al

Filing 63

ORDER: The instant Motion is not a pleading, and, therefore, it cannot be stricken. Therefore, Plaintiff's "Motion to Strike" is DENIED. Plaintiff's Alternative Motion for Leave to File a Sur-Reply is, however, GRANTED. Plaintiff shall file his Sur-Reply within fourteen (14) days from the entry of the instant Order. IT IS SO ORDERED. Signed by Magistrate Judge E. Clifton Knowles on 6/26/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

DAVID CHERRY, Personal Representative
of the ESTATE of PAMELA CHERRY,
DECEASED,
Plaintiff,

vs.

MACON HOSPITAL, INC. d/b/a MACON
COUNTY GENERAL HOSPITAL and
HANNA C. ILIA, M.D.,
Defendants.

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) CASE NO. 2:12-00043
) JUDGE TRAUGER/KNOWLES
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ORDER
This matter is before the Court upon Plaintiff’s “Motion to Strike Defendant Hanna C.
Ilia, M.D.’s Reply to Plaintiff’s Response in Opposition to Defendant’s Motion to Compel and
Alternative Motion to File Sur-Reply.” Docket No. 62.
Motions to Strike are governed by Fed. R. Civ. P. 12(f), which states:
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 20 days after being served with the
pleading.

Fed. R. Civ. P. 12(f) (emphasis added).

Motions to Strike are applicable only to pleadings. See Fox v. Michigan State Police
Dept., 2006 U.S. App. LEXIS 5019 (6th Cir.) at **5-6; Wimberly v. Clark Controller Co., 364
F.2d 225, 227 (6th Cir. 1966). See also Lombard v. MCI Telecommunications Corp., 13 F. Supp.
2d 621, 625 (N.D. Ohio 1998); Hrubec v. National R.R. Passenger Corp., 829 F. Supp. 1502,
1506 (N.D. Ill. 1993).
The instant Motion is not a pleading, and, therefore, it cannot be stricken. Therefore,
Plaintiff’s “Motion to Strike” is DENIED.
Plaintiff’s Alternative Motion for Leave to File a Sur-Reply is, however, GRANTED.
Plaintiff shall file his Sur-Reply within fourteen (14) days from the entry of the instant Order.
IT IS SO ORDERED.

E. Clifton Knowles
United States Magistrate Judge

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