Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pullins v. Eimicke

June 12, 2006

WAYNE E. PULLINS, ET AL., PLAINTIFFS,
v.
ALICIA EIMICKE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Thomas M. Rose

DECISION AND ORDER MOTION TO STRIKE

This case is before the Court on Motion to Strike of Defendants Laura and Brooks Klimley (Doc. No. 46) which Plaintiffs oppose (Doc. No. 47) and as to which the moving Defendants have filed a Reply Memorandum in support (Doc. No. 49). The Klimleys seek to have the Court strike ¶83 of the Third Amended Complaint on the grounds that it contains a total amount of compensatory damages in excess of the amount calculable by adding the investments of various Plaintiffs set forth in the body of the Third Amended Complaint.

In response, Plaintiff admits the amount in ¶83 does, inadvertently, include amounts relating to former Plaintiff Erma Hyser which should not be included and request yet another amendment of the complaint to eliminate her. However, in general they assert the prayer should not be reduced to the degree the moving Defendants seek.

Motions to strike under Fed. R. Civ. P. 12(f) are viewed with disfavor by the federal courts and rarely granted. Wright & Miller, Federal Practice and Procedure: Civil 3d §1380. In particular, such motions are not a proper means to seek dismissal of all or part of a complaint. Id. In this instance, the discrepancies between the individual amounts invested and the total pled in the demand for relief can be thoroughly explored in discovery. There is nothing impertinent or scandalous about the prayer and its admitted inaccuracy is unlikely to prejudice Defendants.

The Motion to Strike is DENIED.

June 9, 2006

Michael R. Merz Chief United States Magistrate Judge

20060612

© 1992-2006 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.