Opinion
Civil Case No. 15-10210
10-03-2018
ROBERT P. THOMAS, Plaintiff, v. LORI A. BRIGGS, and MELISSA BORDEN d/b/a THE DEVOTED BARN, Defendants.
Magistrate Elizabeth A. Stafford OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES
On January 20, 2015, Plaintiff initiated this lawsuit, pro se, against Defendants. (ECF No. 1.) On September 13, 2018—over three and a half years later, Plaintiff filed the instant Motion to Strike Defendants' Affirmative Defenses. (ECF No. 57.) Plaintiff moves the Court to strike pursuant to Federal Rule of Civil Procedure 12(f); however, 12(f) requires that a motion to strike be made "within 21 days after being served with the pleading." Plaintiff's motion has far exceeded this deadline and, therefore, is denied as untimely.
Accordingly,
IT IS ORDERED that Plaintiff's Motion to Strike Defendants' Affirmative Defenses is DENIED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE Dated: October 3, 2018 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, October 3, 2018, by electronic and/or U.S. First Class mail.
s/ R. Loury
Case Manager