A.F. v. G6 Hospitality, LLC

Summary

The United States District Court for the District of New Mexico denies Defendant’s motion to strike Plaintiff’s motion to reopen discovery. The Court concludes that Federal Rule of Civil Procedure 12(f) applies to pleadings, not motions, and states that it will consider the timeliness of the discovery motion when deciding whether to grant it.

Holdings

1. Federal Rule of Civil Procedure 12(f) applies only to material contained in a pleading, and a motion to reopen discovery is not a pleading under Rule 7(a).
2. Even assuming discretion to strike material outside a pleading, the court declined to strike the motion because striking is a drastic and generally disfavored remedy, and Defendant had not shown that striking was warranted.

Questions Presented

1. Whether Federal Rule of Civil Procedure 12(f) authorizes the court to strike a motion to reopen discovery.
2. Whether the court should strike the motion to reopen discovery based on alleged untimeliness under Rule 6(b) and violations of prior court orders.

Disposition

denied