Driver v. Sator et al

Filing 29

ORDER denying 27 Motion to Strike. Signed by Magistrate Judge E. Clifton Knowles on 6/17/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

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

JERRY LYNN DRIVER,
Plaintiff,

vs.

DR. INNOCENTES SATOR, et al.,
Defendants.

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) CASE NO. 3:13-0364
) JUDGE TRAUGER/KNOWLES
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ORDER
This matter is before the Court upon the pro se prisoner Plaintiff’s “Motion to Strike First
Medical Management’s Objection to Plaintiff’s First Request for Production of Documents.”
Docket No. 27. The thrust of Plaintiff’s position is that First Medical Management’s Objection
is based upon an erroneous argument that FMM is not a party to this lawsuit. That issue has
been addressed in a previous Order entered by the undersigned. Docket No. 23.
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).
FMM’s Objection is not a “pleading,” and it cannot be stricken. See Fed. R. Civ. P. 7.
For the foregoing reasons, the instant Motion (Docket No. 27) is DENIED.
IT IS SO ORDERED.

E. Clifton Knowles
United States Magistrate Judge

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