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Opposition to motion to strike portions of a complaint in United States District Court

Opposing a motion to strike portions of a complaint in United States District Court is the topic of this blog post. Federal Rule of Civil Procedure Rule 12(f) authorizes the court to strike from any pleading “any redundant, immaterial, impertinent, or scandalous matter.”

Any party served with a Rule 12(f) motion to strike portions of a complaint should carefully review the motion as it is considered settled that motions to strike are disfavored.

Motions to strike are disfavored because they are often used as delaying tactics, and because of the limited importance of pleadings in federal practice. And Federal courts view motions under Rule 12(f) with disfavor and infrequently grant them. 5C Charles Alan Wright et al., Federal Practice and Procedure § 1380 (3d ed. 1998).

The United States Supreme Court stated when ruling on a motion to strike, the Court takes the plaintiff’s allegations as true and must liberally construe the complaint in a light most favorable to the plaintiff. See Jenkins v. McKeithen, 395 U.S. 411, 421 (1969); see also Argabright v. United States, 35 F.3d 472, 474 (9th Cir. 1994).

And two published decisions from the United States District Court for the Northern District of California state that a motion to strike should not be granted unless the matter to be stricken could have no possible bearing on the subject matter of the litigation.

For motions to strike, courts often require a showing of prejudice by the moving party.

Attorneys or parties in who would like to view a portion of a sample opposition to a Rule 12(f) motion to strike portions of a complaint sold by the author can see below.

 

Attorneys or parties that would like more information on a Federal litigation document package containing 42 sample documents including a sample opposition to a Rule 12(f) motion to strike portions of a complaint can use the link shown below.

Federal litigation document package

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California and Federal legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

To view over 300 sample legal documents for use in California and Federal Courts sold by the author of this blog post visit View over 300 sample legal documents for sale

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

These materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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