-DCF Kaupp v. Just Marketing, Inc. et al, No. 1:2010cv07559 - Document 16 (S.D.N.Y. 2010)

Court Description: MEMORANDUM OPINION AND ORDER, the identified portions of the Amended Complaint are stricken and the Plaintiff is ordered to serve an amended complaint on the parties that is consistent with this Order. Additionally, Plaintiff is directed not to file this new complaint until the Defendants' objections noted in the telephone conference held this morning are resolved. (See MEMORANDUM OPINION AND ORDER as set forth) (Signed by Judge John F. Keenan on 12/28/2010) (lnl)
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-DCF Kaupp v. Just Marketing, Inc. et al Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------X Jane KAUPP, : : Plaintiff, : : -against: : JUST MARKETING, INC., et al. : : Defendants. : -----------------------------------X 10 Civ. 7559 (JFK) MEMORANDUM OPINION AND ORDER JOHN F. KEENAN, United States District Judge: By its letter dated December 22, 2010, Defendant Just Marketing, Inc. (“JMI”) requested a conference to discuss the proper procedure to prevent the filing of the Plaintiff’s Second Amended Verified argues that the Complaint Amended irrelevant allegations. this morning by (the “Amended Complaint Complaint”). contains JMI scandalous and The Court held the requested conference telephone and has considered the Amended Complaint, as well as JMI’s letter and Plaintiff’s letter in response dated December 22, 2010. For the reasons set forth below, the Court moves sua sponte under Rule 12(f) to strike portions of Plaintiff’s Amended Complaint as irrelevant and scandalous. Discussion Rule 12 of the Federal Rules of Civil Procedure permits the court to “strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter,” and to do so on its own motion. Fed. R. Civ. P. 12(f). Dockets.Justia.com Paragraph 88 that are instant Church of the Amended Complaint scandalous lawsuit, has and which harassed at at Ms. best its contains allegations tangentially core involves a Therefore, Kaupp. relevant claim to the that Mr. Paragraph 88 is stricken in its entirety. The is in portion of parentheses Paragraph 89 Plaintiff's drawn Paragraph is in favor of of the of the Amended Complaint While stricken. contain theory 89 accusations JMI's that liability Plaintiff, the other may when that portions of relevant to inferences are be all portion in parentheses is both scandalous and impertinent. Conclusion For the foregoing reasons, Amended Complaint are serve complaint an amended with this Order. file this new the identified portions stricken and the on the Addi tionally, complaint until Plaintiff parties Plainti f f the that is Defendants' of the is ordered to is consistent directed not obj ections to noted in the telephone conference held this morning are resolved. SO ORDERED. Dated: New York, New York December 28, 2010 2 JOHN F. KEENAN United States District Judge