Opinion

M&C Holdings Delaware Partnership v. Great American Insurance Company

Court
District Court, S.D. Ohio
Filed
Feb 8, 2021
Cited by
0 cases
Authority
More cited than 28.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

M&C Holdings Delaware Partnership, et :

a Case No. 1:20-cv-121

Plaintiffs, :

: Judge Susan J. Dlott

Order on Motion to Strike

Great American Insurance Company, :

Defendant. :

This matter is before the Court on Magistrate Judge Karen L. Litkovitz’s Report and

Recommendation (Doc. 44) recommending that Plaintiffs’ Motion to Strike (Doc. 32)

Defendant’s affirmative defenses be granted in part and denied in part. Specifically, she

recommended: (1) Defense 4 be stricken to the extent it purports to bar Plaintiffs’ claim in

Count II; (2) Defense 9 be stricken to the extent that it purports to bar Plaintiffs’ claims through

the doctrine of laches; and (3) Plaintiffs’ Motion to Strike be denied as to the remaining

defenses. (Doc. 44 at PageID 524.) Neither party filed an Objection to the Report and

Recommendation.

Magistrate judges are authorized to decide dispositive and non-dispositive matters

pursuant to 28 U.S.C. § 636 and Rule 72 of the Federal Rules of Civil Procedure. The district

judge must conduct a de novo review of a magistrate judge’s recommendation on a dispositive

motion. Baker v. Peterson, 67 F. App’x 308, 310 (6th Cir. 2003) (citing § 636(b)(1)(B)). The

Court has read the parties’ initial briefs and the Report and Recommendation. Motions to strike

affirmative defenses are disfavored. See Operating Eng’rs Local 324 Health Care Plan v. G&W

Constr. Co., 783 F.3d 1045, 1050 (6th Cir. 2015); 5C Wright & Miller, Fed. Prac. & Proc. Civ.

§ 1381. “[E]ven when technically appropriate and well-founded, Rule 12(f) motions often are

not granted in the absence of a showing of prejudice to the moving party.” 5C Wright & Miller,

Fed. Prac. & Proc. Civ. § 1381. They are granted when the defense has no possible relation to

the controversy. Brown & Williamson Tobacco Corp. v. United States, 201 F.2d 819, 822

(1953). Applying these standards, the Court will adopt the Magistrate Judge’s recommendations.

For the foregoing reasons, the Report and Recommendation (Doc. 44) is ADOPTED and

the Motion to Strike (Doc. 32) is GRANTED IN PART AND DENIED IN PART.

IT IS SO ORDERED.

BY THE COURT:

atau. |

Susan J. Dlott

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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