Summary
The United States District Court for the Eastern District of Louisiana denied KZJV, LLC’s motion to strike an open-ended allegation in the plaintiffs’ second amended complaint. The court held that the allegation concerning any other acts of fault had a possible relation to the controversy and was not redundant, immaterial, impertinent, scandalous, or sufficiently prejudicial to warrant striking under Federal Rule of Civil Procedure 12(f).
Holdings
- The catchall allegation should not be stricken because it relates to the controversy, is not redundant, immaterial, impertinent, or scandalous, and does not prejudice KZJV.
Questions Presented
- Whether the catchall allegation that KZJV committed any and all other acts of fault that might be proven at trial should be stricken under Federal Rule of Civil Procedure 12(f).
- Whether the challenged allegation was redundant, immaterial, impertinent, scandalous, or sufficiently prejudicial to warrant the drastic remedy of striking it.
Disposition
other
Cases Cited (4)
- Augustus v. Bd. of Pub. Instruction of Escambia Cty., Fla., 306 F.2d 862, 868 (5th Cir. 1962)(followed)
- Brown & Williamson Tobacco Corp. v. United States, 201 F.2d 819, 822 (6th Cir. 1953)(quoted)
- Falley v. Friends Univ., 787 F. Supp. 2d 1255, 1257 (D. Kan. 2011)(followed)
- Castro v. Keifer, No. 25-1137 (E.D. La. July 31, 2015) (Rec. Doc. 23) (Brown, J.)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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