Opinion

Cason v. St. Louis Public Schools

Court
District Court, E.D. Missouri
Filed
Mar 20, 2024
Cited by
0 cases
Authority
More cited than 24.3%

“The district court here did not abuse its discretion by striking the exhibits filed in violation of the local rules.”

How later courts described this case

  • “The district court here did not abuse its discretion by striking the exhibits filed in violation of the local rules.”
  • “Pleadings include complaints, answers, replies to counterclaims, answer to cross-claims, third-party complaints, and third-party answers. Therefore, a motion to strike a motion for summary judgment is inappropriate and should be denied.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

KAREN A. CASON, )

)

Plaintiff, )

v. ) Case No. 4:22-cv-00478-SEP

)

ST. LOUIS PUBLIC SCHOOLS, et al., )

)

Defendants. )

MEMORANDUM AND ORDER

Before the Court is Defendants’ Motion to Strike Plaintiff’s Untimely Responses to

Statement of Facts, Doc. [79]. Because the disputed filing is not a pleading, the motion is

denied.1 But, for the reasons set forth below, the facts in Defendant Kelvin Adams’s Statement

of Undisputed Material Facts are deemed admitted for the purposes of his Motion for Summary

Judgment, and the claim against Defendants St. Louis Public Schools and Board of Education of

St. Louis Public Schools is dismissed for failure to prosecute.

DISCUSSION

On February 5, 2024, the Court ordered Plaintiff to show cause as to why the Court

should not (1) accept as undisputed all facts in Defendant Kelvin Adams’s Statement of

Undisputed Material Facts and (2) dismiss the claim against Defendants St. Louis Public Schools

and Board of Education of St. Louis Public Schools (collectively “SLPS”) for failure to

prosecute. Plaintiff failed to show cause as to either.

1 Rule 12(f) of the Federal Rules of Civil Procedure permits the Court to “strike from a pleading an insufficient

defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed. R. Civ. P. 12(f). “A motion to strike

is properly directed only to material contained in pleadings.” Khamis v. Bd. of Regents, Se. Mo. State Univ., 2010

WL 1936228, at *1 (E.D. Mo. May 13, 2013) (quoting Mecklenburg Farm, Inc. v. Anheuser-Busch, Inc., 2008 WL

2518561, at *1 (E.D. Mo. June 19, 2008)). The filings that Defendants seek to strike are not pleadings; they are

memoranda responding to Defendant Adams’s Motion for Summary Judgment. Courts in the Eighth Circuit have

generally not permitted parties to attack such non-pleadings through motions to strike. See, e.g., Pollock v. Kallis,

2021 WL 799460, at *5 (D. Minn. Jan. 13, 2021), report and recommendation adopted, 2021 WL 1118051 (D.

Minn. Mar. 24, 2021), aff’d, 858 Fed. App’x 205 (8th Cir. 2021) (unpublished) (exhibits attached in support of

habeas corpus petition are not pleadings and may not be stricken); Shea v. Peoples Nat. Bank, 2013 WL 74374, at

*1-*2 (E.D. Mo. Jan. 7, 2013) (collecting cases); Khamis, 2010 WL 1936228, at *1 (an exhibit attached to a

memorandum “is not a pleading and cannot be attacked with a motion to strike”); see also Milk Drivers Loc. Union

No. 387 v. Roberts Dairy, 219 F.R.D. 151, 152 (S.D. Iowa 2003) (“Pleadings include complaints, answers, replies to

counterclaims, answer to cross-claims, third-party complaints, and third-party answers. Therefore, a motion to strike

a motion for summary judgment is inappropriate and should be denied.”) (internal citations omitted) (collecting

cases). Accordingly, the Court will not strike the filings. For the reasons set forth in this Memorandum and Order,

the Court will not consider them when evaluating Defendant Adams’s Motion for Summary Judgment.

I. The facts in Defendant Adams’s Statement of Undisputed Material Facts are

considered undisputed for the purposes of the Motion for Summary Judgment.

Plaintiff failed to show cause why the Court should not deem the facts in Defendant

Adams’s Statement of Undisputed Material Facts admitted for the purposes of evaluating the

Motion for Summary Judgment. As the Court explained in the February 5, 2024, Memorandum

and Order, the Federal Rules of Civil Procedure and Eastern District of Missouri Local Rules

require the party opposing summary judgment to respond to the moving party’s statement of

material facts. See Doc. [76] (citing Fed. R. Civ. Pro. 56(c); E.D. Mo. L.R. 4.01(E)). Plaintiff

filed a “Response to Defendant Kelvin Adam’s [sic] Motion for Summary Judgment,” but she

did not include a statement of material facts or a response to Adams’s statement of facts. See

Doc. [73].

In response to the Court’s Order, Plaintiff filed two documents titled “Response to

Defendant Kelvin Adam’s [sic] Statement of Undisputed Material Facts in Support of His

Motion for Summary Judgment.” Docs. [77], [78]. Neither filing gives any explanation for

Plaintiff’s failure to comply with the Federal Rules of Civil Procedure or the Court’s Local

Rules. The show cause order was not permission to file a belated response to the statement of

facts. Plaintiff was required to show cause why she should be allowed to do so. As Defendants

argue in their Motion to Strike, Plaintiff “is not a pro se party without the ability to understand

the relevant rules of procedure.” Doc. [79] at 2. Plaintiff has been represented throughout the

litigation, and Plaintiff’s counsel is “a licensed attorney who previously served as an Associate

Circuit Judge in St. Clair County, Illinois.” Id.

Because of Plaintiff’s failure to comply with the Court’s February 5, 2024, Memorandum

and Order, Eastern District of Missouri Local Rule 4.01(E), and Federal Rule of Civil Procedure

56, the Court will not consider Plaintiff’s responses filed at Docs. [77] and [78] when evaluating

Adams’s Motion for Summary Judgment. See, e.g., R.A.D. Servs. LLC v. State Farm Fire &

Cas. Co., 60 F.4th 408, 412 (8th Cir. 2023) (“The district court here did not abuse its discretion

by striking the exhibits filed in violation of the local rules.”). “If a party fails to properly support

an assertion of fact or fails to properly address another party’s assertion of fact as required by

Rule 56(c), the court may . . . consider the fact undisputed for purposes of the motion.” Fed. R.

Civ. Pro. 56(e). Accordingly, the facts in Defendant Adams’s Statement of Undisputed Material

Facts, Doc. [68], will be considered undisputed for the purposes of the motion. The Court will

rule on Adams’s Motion for Summary Judgment in a separate memorandum and order.

II. Plaintiff’s claim against SLPS is dismissed for failure to prosecute.

Plaintiff has failed to prosecute her claim against Defendants St. Louis Public Schools

and the Board of Education of St. Louis Public Schools. On May 11, 2023, SLPS filed a Motion

for Partial Judgment on the Pleadings. Doc. [46]. Plaintiff did not respond to that motion. As

the case progressed through discovery, Plaintiff’s counsel repeatedly ignored the Court’s orders

and Local Rules for managing discovery. In the Court’s Memorandum and Order dated

February 1, 2024, the Court denied Plaintiff’s Third Motion to Extend Discovery Deadline

because of Plaintiff’s failures to (1) file timely motions, (2) comply with the Court’s orders, and

(3) comply with the Court’s Local Rules. See Doc. [75].

After the close of discovery—and in accordance with the timelines in the Amended Case

Management Order—SLPS filed a Motion for Summary Judgment. Doc. [70]. Plaintiff did not

respond to the motion. To avoid punishing Plaintiff for her attorney’s failures, the Court gave

Plaintiff an additional opportunity to respond to SLPS’s Motion for Summary Judgment. In the

Memorandum and Order dated February 5, 2024, the Court explained:

Plaintiff filed no response at all to SLPS’s Motion for Summary Judgment.

In the last status conference, Plaintiff’s counsel was warned that failure to comply

with the Court’s orders and rules could result in dismissal of her client’s claims

for failure to prosecute. See Doc. [61]; see also Fed. R. Civ. Pro. 41(b). Plaintiff

must therefore show cause as to why her claims against SLPS should not be

dismissed for failure to prosecute.

If Plaintiff fails to respond to this Order by Monday, February 19, 2024,

the Court will . . . dismiss Plaintiff’s claims against St. Louis Public Schools and

Board of Education of St. Louis Public Schools.

Doc. [76] at 2. Plaintiff did not respond to the Order as it related to SLPS. The claim

against Defendants St. Louis Public Schools and Board of Education of St. Louis Public

Schools is therefore dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b).

Accordingly,

IT IS HEREBY ORDERED that Defendants’ Motion to Strike Plaintiff’s Untimely

Responses to Statement of Facts, Doc. [79], is DENIED.

IT IS FURTHER ORDERED that the facts in Defendant Adams’s Statement of

Undisputed Material Facts, Doc. [68], will be considered undisputed for the purposes of Adams’s

Motion for Summary Judgment.

IT IS FURTHER ORDERED that the claim against Defendants St. Louis Public

Schools and Board of Education of St. Louis Public Schools is dismissed for failure to prosecute.

See Fed. R. Civ. P. 41(b). A separate order of dismissal will issue.

IT IS FINALLY ORDERED that St. Louis Public Schools and Board of Education of

St. Louis Public Schools’ Motion for Partial Judgment on the Pleadings, Doc. [46], and Motion

for Summary Judgment, Doc. [70], are DENIED AS MOOT.

Dated this 20" day of March, 2024.

Crack LU tex.

SARAH E. PITLYK

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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