Keough v. ExpressJet Airlines, Inc.

Filing 64

ORDER entered GRANTING 59 MOTION for Leave to File Amended Answer and Response to Plaintiff's Motion to Strike Affirmative Answers of ExpressJet, DENYING 50 MOTION to Strike 45 Answer to Complaint . (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TIMOTHY JOHN KEOUGH,
Plaintiff,
VS.
EXPRESS JET AIRLINES, INC., et al.,
Defendants.

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CIVIL ACTION NO. H-13-1343

ORDER
Defendant ExpressJet Airlines, Inc. has moved for leave to file an amended answer. (Docket
Entry No. 59). The record reveals no unfairness or prejudice that will result from allowing
ExpressJet to file such answer. The motion is granted.
Plaintiff Timothy John Keough, has moved to strike defenses 1–8 and defense 10 in
ExpressJet’s proposed amended answer, (Docket Entry No. 50). The record reveals that these
defenses are neither “redundant, immaterial, impertinent, or scandalous.” FED. R. CIV. P. 12(f). Nor
are the defenses that there are no set of circumstances in which they cannot succeed. Puckett v.
United States, 82 F. Supp. 2d 660, 662–63 (S.D. Tex. 1999). Keough’s motion to strike is denied.

SIGNED on December 10, 2013, at Houston, Texas.
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Lee H. Rosenthal
United States District Judge