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Jane Kaupp v. Just Marketing

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


December 28, 2010

JANE KAUPP, PLAINTIFF,
v.
JUST MARKETING, INC., ET AL.
DEFENDANTS.

The opinion of the court was delivered by: John F. Keenan, United States District Judge

MEMORANDUM OPINION AND ORDER

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 Complaint (the "Amended Complaint"). JMI argues that the Amended Complaint contains scandalous and irrelevant allegations. The Court held the requested conference this morning by 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).

20101228

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