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Martin Tankleff v. the County of Suffolk

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 21, 2011

MARTIN TANKLEFF, PLAINTIFF,
v.
THE COUNTY OF SUFFOLK, K. JAMES MCCREADY, NORMAN REIN, CHARLES KOSCIUK, ROBERT DOYLE, JOHN MCELHONE, JOHN DOE POLICE OFFICERS #1-10, AND RICHARD ROE SUFFOLK COUNTY EMPLOYEES #1-10, DEFENDANTS.

The opinion of the court was delivered by: Seybert, District Judge

MEMORANDUM & ORDER

APPEARANCES: For Plaintiff: Barry C. Scheck, Esq.

Deborah L. Cornwall, Esq. Emma Kate Freudenberger, Esq. Neufeld Scheck & Brustin, LLP 99 Hudson Street, 8th Floor New York, NY 10013

Bruce A. Barket, Esq.

Quadrino Schwartz 666 Old Country Road, Ninth Floor Garden City, NY 11530 Barry J Pollack, Esq.

Miller & Chevalier Chartered 655 Fifteenth St, NW, Suite 900 Washington, DC 20005 For Defendants: Richard T. Dunne, Esq.

Susan A. Flynn, Esq.

Suffolk County Department of Law

H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, NY 11788

Pending before the Court is Defendants' motion pursuant to Federal Rule of Civil Procedure 12(f) to strike the A Man for All Seasons quotation from the cover page of the Complaint. Defendants request an Order that Plaintiff file a plain cover page containing only a caption and a docket number, and that the present cover page be stricken from all court records. (Defts. Br. at 4.) Motions to strike are disfavored. See Illiano v. Mineola Union Free School Dist., 585 F. Supp. 2d 341, 357 (E.D.N.Y. 2008). To prevail, a movant typically must show that the challenged material is irrelevant to the case and that the movant will be prejudiced if the material is allowed to stand.

Id. Defendants' delay in filing their motion to strike until a year after they were served with the Complaint suggests that they will not be prejudiced to a degree that would warrant such drastic relief. See Bishop v. Toys "R" Us-NY, LLC, No. 04-CV- 9403, 2009 WL 440434, at *3 (S.D.N.Y. Feb. 19, 2009) ("[S]triking portions of a pleading is a drastic remedy disfavored by the courts, and is sparingly granted.").

Accordingly, Defendants' motion to strike (Docket Entry 39) is DENIED.

SO ORDERED.

JOANNA SEYBERT , U.S.D.J.

Central Islip, New York

20110121

© 1992-2011 VersusLaw Inc.



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