Thomas v. Briggs et al, No. 4:2015cv10210 - Document 61 (E.D. Mich. 2018)

Court Description: OPINION and ORDER Denying Plaintiff's 57 Motion to Strike Defendants' Affirmative Defenses. Signed by District Judge Linda V. Parker. (RLou)

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Thomas v. Briggs et al Doc. 61 Case 4:15-cv-10210-LVP-EAS ECF No. 61 filed 10/03/18 PageID.914 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT P. THOMAS, Plaintiff, v. Civil Case No. 15-10210 Honorable Linda V. Parker Magistrate Elizabeth A. Stafford LORI A. BRIGGS, and MELISSA BORDEN d/b/a THE DEVOTED BARN, Defendants. __________________________/ 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, Dockets.Justia.com Case 4:15-cv-10210-LVP-EAS ECF No. 61 filed 10/03/18 PageID.915 Page 2 of 2 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 2

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