UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
June 2, 2009
IGOR YEVSTIFEEV, SVIATLANA HARNIZONAVA, PLAINTIFFS,
BRAD STEVE, INDIVIDUALLY AND AS A TOWN OF BRIGHTON POLICE OFFICER, ROBERT FISHER, INDIVIDUALLY AND AS A TOWN OF BRIGHTON POLICE OFFICER, FRANK SCARCELLI, INDIVIDUALLY AND AS A TOWN OF BRIGHTON POLICE OFFICER, TOWN OF BRIGHTON, TOWN OF BRIGHTON POLICE DEPARTMENT, THOMAS VOELKL, TOWN OF BRIGHTON POLICE CHIEF, TOWN OF BRIGHTON COURT, DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge
DECISION AND ORDER
Currently pending with the Court is a motion by several of the defendants pursuant to Fed. R. Civ. Proc. 12(f) (Dkt. #10), seeking to strike plaintiffs' "Response to Defendants Answer to Complaint," a purported pleading (Dkt. #9) which was filed without leave of Court. See generally Bizouati v. City of New York, 2008 U.S. Dist. LEXIS 21769 (E.D.N.Y. 2008) (noting the Court's inherent power to strike an improper pleading); Adams v. Finlay, 2006 U.S. Dist. LEXIS 81591 (S.D.N.Y. 2006) (same).
Plaintiffs do not oppose the motion, and have conceded to this pleading being stricken, stating that it is merely a summary of exhibits attached to the complaint, and adds nothing of substance to their claims. (Dkt. #13).
Accordingly, the defendants' motion to strike (Dkt. #10) is hereby granted, and plaintiffs' Response to Defendants Answer to Complaint (Dkt. #9) is stricken from the record in this matter.
IT IS SO ORDERED.
Rochester, New York
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