Evans Hotels, LLC v. Unite Here! Local 30

Summary

The United States District Court for the Southern District of California adopted a magistrate judge’s Report and Recommendation and granted defendants’ motion to strike the plaintiffs’ Third Amended Complaint under Federal Rule of Civil Procedure 12(f). The court rejected objections that the magistrate judge applied an incorrect standard and improperly limited discovery.

Holdings

1. The magistrate judge applied the correct legal standard because the challenged allegations were properly characterized as immaterial and redundant under Rule 12(f), and striking them could also avoid confusion and prejudice.
2. The Report and Recommendation did not improperly limit discovery because its discussion of the potential relationship between the allegations and future discovery was not a ruling on the scope of discovery under Rule 26 and was not determinative of any future discovery dispute.

Questions Presented

1. Whether the magistrate judge applied a clearly erroneous or legally incorrect standard in recommending that allegations be stricken under Federal Rule of Civil Procedure 12(f).
2. Whether the magistrate judge improperly limited discovery by considering how the challenged allegations might bear on future discovery.

Disposition

other