Searra Priolo v. EquipmentShare.com Inc.

Summary

The United States District Court for the Western District of Missouri denied EquipmentShare.com Inc.’s motion to strike Plaintiff Searra Priolo’s declaration and portions of her summary-judgment factual submissions. The court held that motions for summary judgment, supporting memoranda, declarations, and statements of uncontroverted facts are not pleadings subject to a motion to strike under Federal Rule of Civil Procedure 12(f). The court constructively filed Priolo’s revised opposition, withdrew the original opposition, and permitted the defendant to file a reply addressing deficiencies and additional statements of material fact.

Holdings

1. A motion to strike under Federal Rule of Civil Procedure 12(f) is not the proper vehicle for challenging a declaration, a motion for summary judgment, an opposition memorandum, or statements of uncontroverted facts because those materials are not pleadings.
2. The court may exercise its discretion to constructively file plaintiff's revised opposition to summary judgment, withdraw the original opposition, and permit defendant to respond to the revised filing.

Questions Presented

1. Whether a motion to strike under Federal Rule of Civil Procedure 12(f) may be used to attack a declaration, summary-judgment opposition, responses to statements of uncontroverted facts, or additional statements of uncontroverted facts.
2. Whether the court should constructively file plaintiff's revised opposition to summary judgment and permit defendant to respond under the applicable local rule.

Disposition

other