Burton v. Taylor

Full title: BART BURTON, Plaintiff, v. JOSH TAYLOR, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION

Date published: Feb 29, 2012

Case No. 1:10-cv-00109 (M.D. Tenn. Feb. 29, 2012)

Opinion

Case No. 1:10-cv-00109

02-29-2012

BART BURTON, Plaintiff, v. JOSH TAYLOR, et al., Defendants.

E. CLIFTON KNOWLES

Judge Campbell / Knowles

ORDER

Presently pending before the Court is Defendant Joshua Taylor's Motion to Strike Plaintiff's Statement of Disputed Facts. Docket No. 107.

Motions to Strike are governed by Fed. R. Civ. P. 12(f), which states:

Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

Fed. R. Civ. P. 12(f) (emphasis added).

Motions to Strike are only applicable to pleadings. See, e.g., Wimberly v. Clark Controller Co., 364 F.2d 225, 227 (6^th Cir. 1966). See also Hrubec v. National R.R. Passenger Corp., 829 F. Supp. 1502, 1506 (N.D. Ill. 1993). Plaintiff's Statement of Disputed Facts is not a pleading. See Fed. R. Civ. P. 7(a). Accordingly, Defendant Joshua Taylor's Motion to Strike Plaintiff's Statement of Disputed Facts (Docket No.107), is hereby DENIED.

IT IS SO ORDERED.

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E. CLIFTON KNOWLES

United States Magistrate Judge