Opinion

Carter v. Metro Nashville Police Department

Court
District Court, M.D. Tennessee
Filed
Jul 7, 2025
Cited by
0 cases
Authority
More cited than 37.3%

“[T]he action of striking a pleading should be sparingly used by the courts . . . [and] is a drastic remedy to be resorted to only when required for the purposes of justice.”

How later courts described this case

  • “[T]he action of striking a pleading should be sparingly used by the courts . . . [and] is a drastic remedy to be resorted to only when required for the purposes of justice.”
  • “A court has ‘liberal discretion to strike such filings’ as it deems appropriate under Rule 12(f).” (citation omitted)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF

TENNESSEE NASHVILLE DIVISION

LYNDON WINN CARTER,

Plaintiff, Case No. 3:25-cv-00271

Judge Aleta A. Trauger

v. Magistrate Judge Alistair E. Newbern

METRO NASHVILLE POLICE

DEPARTMENT, et al.,

Defendants.

MEMORANDUM ORDER

Defendant Amazon Logistics, Inc., has filed a motion to strike pro se Plaintiff Lyndon

Winn Carter’s “clarification and response” to its business disclosure statement. (Doc. No. 59.)

Carter has responded in opposition to Amazon Logistics’ motion (Doc. No. 61), and Amazon

has filed a reply (Doc. No. 62). For the following reasons, Amazon Logistics’ motion to strike

(Doc No. 59) will be GRANTED IN PART AND DENIED IN PART.

I. Legal Standard

Federal Rule of Civil Procedure 12(f) provides that the Court may, upon a party’s motion

or sua sponte, “strike from a pleading an insufficient defense or any redundant, immaterial,

impertinent, or scandalous matter.” Fed. R. Civ. P. 12(f). “Motions to strike are viewed with

disfavor and are not frequently granted.” Operating Eng’rs Local 324 Health Care Plan v. G &

W Constr. Co., 783 F.3d 1045, 1050 (6th Cir. 2015); see also Brown & Williamson Tobacco

Corp. v. United States, 201 F.2d 819, 822 (6th Cir. 1953) (“[T]he action of striking a pleading

should be sparingly used by the courts . . . [and] is a drastic remedy to be resorted to only when

required for the purposes of justice.”). This reluctance to strike pleadings stems from “the

practical difficulty of deciding cases without a factual record . . .” Brown & Williamson Tobacco

Corp., 201 F.2d at 822, and the potentially “dilatory and often harassing character” of a motion

to strike, 5C Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1381

(3d ed. updated Apr. 2021). District courts have ample discretion to strike filings under

Rule 12(f), and their decisions are reviewed only for abuse of that discretion. Operating Eng’rs

Local 324 Health Care Plan, 783 F.3d at 1050; see also Van Loo v. Cajun Operating Co., 64 F.

Supp. 3d 1007, 1012 (E.D. Mich. 2014) (“A court has ‘liberal discretion to strike such filings’ as

it deems appropriate under Rule 12(f).” (citation omitted)).

II. Analysis

Federal Rule of Civil Procedure 7.1 and this Court’s Local Rule 7.02 require a

nongovernmental corporate party to file a statement that “identifies any parent corporation and

any publicly held corporation owning 10% or more of its stock” or state that there is no such

entity with its appearance in the action. Fed. R. Civ. P. 7.1; M.D. Tenn. R. 7.02 (business entity

disclosure statement). Amazon Logistics filed its disclosure on May 14, 2025, stating that it “is

a wholly owned, indirect subsidiary of Amazon.com, Inc.” which “is a publicly traded

company, has no parent corporation, and no publicly held corporation owns 10% or more of its

stock.” (Doc. No. 41.) Carter filed a “clarification and response” to Amazon Logistics’

statement. (Doc. Nos. 46, 50.) Carter states that his intent in this filing is to “emphasize” his

belief that Amazon Logistics “directly oversees and operates the Amazon Flex platform and its

associated fulfillment stations” and that “[t]he individuals involved in” the events underlying

Carter’s claims in this action “were employees or agents operating under Amazon’s direct

supervision.” (Doc. No. 50.) Carter further states that Amazon Logistics controlled the policies

and procedures regarding coordination with law enforcement and that Amazon Logistics has “a

non-delegable duty to ensure the civil rights of those who conduct business with it, including

1099 independent contractors” like Carter. (Id.)

In its motion, Amazon Logistics argues generally that the Court must strike Carter’s

response to its business disclosure statement because Carter “attempts to plead new facts in the

Response without requesting the Court’s leave or Defendants’ consent” as would be required

for Carter to amend his complaint under Federal Rule of Civil Procedure 15. (Doc. No. 60.)

Carter responds that he did not intend his response to be an amendment “but rather a procedural

supplement intended to clarify the record and promote fair adjudication of the issues before the

Court.” (Doc. No. 61.)

The Court does not construe Carter’s responsive filing as an attempt to amend his

complaint and does not consider the statements made in his response to the business disclosure

statement as the equivalent of allegations made in a pleading. Accordingly, it is not an

appropriate target of a motion to strike under Rule 12(f). Stability Sols., LLC v. Medacta USA,

Inc., No. 3:23-CV-00072, 2024 WL 5248245, at *8 (M.D. Tenn. Dec. 30, 2024). Further, the

Federal Rules of Civil Procedure do not contemplate an adversarial response to a business

disclosure statement, and any such filing is not an appropriate vehicle for argument regarding

the merits of Carter’s claims.

III. Conclusion

For these reasons, the Court DENIES IN PART AND GRANTS IN PART Amazon

Logistics’ motion to strike (Doc. No. 59). While the Court will not strike Carter’s filing, it will

not consider his arguments made therein as allegations or arguments regarding the merits of his

claims.

If Carter intends to further amend his complaint, he must do so in compliance with

Federal Rule of Civil Procedure 15.

It is so ORDERED.

absdoir noleon

ALISTAIR E. NEWBERN

United States Magistrate 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.