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Mueller v. Swift - Civil Action No. 15-cv-01974-WJM-KLM, 2016 U.S. Dist. LEXIS 50291 (D. Colo. Apr. 14, 2016)

Rule:

Rule 12(f) permits the Court to "strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." "The rule's purpose is to conserve time and resources by avoiding litigation of issues which will not affect the outcome of a case."

Facts:

Defendant, a young reknown singer on the pop charts, filed counterclaims for assault and battery against Plaintiff. The latter then moved to strike references to punitive/exemplary damages in the counterclaims, as well as references to "setting an example to other women and donating any recovery to charity.

Issue:

Is there sufficient evidence to strike out the references to “setting an example to other women and donating any recovery to charity” from defendant’s pleading?

Answer:

No.

Conclusion:

The court held that the plaintiff provided no evidence demonstrating that the targeted allegations have sensationalized the counterclaims or garnered media attention. Without more concrete evidence than plaintiff's fear that the allegations may taint future potential jurors, the Court finds that plaintiff has failed to meet his heavy burden of demonstrating that these allegations in the Counterclaim should be stricken pursuant to Rule 12(f) of the Federal Rules of Civil Procedure.

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