Vitamins Online v. Heartwise et al

Filing 638

MEMORANDUM DECISION AND ORDER DENYING Plaintiff's 635 Motion to Strike Improper Portions of Defendant's Status Report and Supporting Evidence. Signed by Judge Dale A. Kimball on 11/6/2023. (eat)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

VITAMINS ONLINE, INC.,
MEMORANDUM DECISION
AND ORDER

Plaintiff,
v.

Civil No. 2:13-CV-982-DAK

HEARTWISE, INC.,

Judge Dale A. Kimball

Defendant.
This matter is before the court on Plaintiff Vitamins Online’s Motion to Strike Improper
Portions of Defendant’s Status Report and Supporting Evidence [ECF No. 635]. The Federal
Rules of Civil Procedure do not generally provide for motions to strike memoranda. See, e.g.,
Ysais v. New Mexico Jud. Standard Comm’n¸616 F. Supp. 2d 1176, 118 (D.N. M. 2009). Instead,
such actions are generally preserved for pleadings. See Carvana v. MFG Financial, Inc., 2:07CV-00128DAK, 2008 WL 4279588, at *1 (D. Utah Sept. 18, 2008). The court requested status
updates, and it can, in its own discretion, determine which portions of these reports are relevant
and proper. Accordingly, Plaintiff’s Motion to Strike Improper Portions of Defendant’s Status
Report and Supporting Evidence [ECF No. 635] is DENIED.

DATED this 6th day of November 2023.
BY THE COURT:
____________________________
Dale A. Kimball
United States District Judge