Opinion

Lloyd v. American Freedom Distillery, LLC

Court
District Court, M.D. Florida
Filed
Aug 13, 2025
Cited by
0 cases
Authority
More cited than 38.7%

denying a motion to strike a motion for sanctions because “a motion is not a pleading, and thus a motion to strike a motion is not proper under [Rule] 12(f)” (alteration adopted) (quotation omitted)

How later courts described this case

  • denying a motion to strike a motion for sanctions because “a motion is not a pleading, and thus a motion to strike a motion is not proper under [Rule] 12(f)” (alteration adopted) (quotation omitted)

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

JOHNNIE LLOYD,

Plaintiff,

v. Case No.: 6:25-cv-00381-PGB-NWH

AMERICAN FREEDOM

DISTILLERY, LLC, FLORIDA

ENTITY; PRESIDENT JOHN

KOKO, INDIVIDUAL; CFO SEAN

RUMP, INDIVIDUAL; ATTORNEY

RANDOLPH WOLFE,

INDIVIDUAL; AND BOARD

MEMBER NIKHIL PATEL,

INDIVIDUAL;

Defendants.

ORDER

This matter is before the Court on Plaintiff’s Motion to Strike (the “Motion”)

(Doc. 54) and Defendants’ Response in Opposition (Doc. 61). The Motion seeks to

strike “improper and racially coded terminology contained in Defendants’ Initial

Disclosures,” specifically the use of the phrase “disgruntled former employee.”

(Doc. 54 at 1-2).

Motions to strike are disfavored and such motions are routinely denied by

courts in this district. See Somerville v. Dep't of Health & Hum. Servs., No. 6:24-CV-

2185-JSS-UAM, 2025 WL 1167802, at *4 (M.D. Fla. Apr. 22, 2025) (citing cases).

Plaintiff cites to Rule 12(f), “Model Rule 8.4(g)” and Federal Rule of Evidence 403

in support for the Motion, but the Court construes the Motion as a motion to strike

under Federal Rule of Civil Procedure 12(f). See Lineberry v. Copart, Inc., No. 3:23-cv-

1442-HES-LLL, 2025 WL 325538, at *1 n.2 (M.D. Fla. Jan. 29, 2025) (construing

pro se motion to strike as proceeding under Rule 12). “Rule 12(f) motions to strike

other filings (such as other motions, responses, or exhibits) are routinely denied as

improper.” Pyzynski v. Thomas & Betts Corp., No. 6:16-cv-1998-Orl-40DCI, 2017 WL

9510591, at *1 (M.D. Fla. Nov. 16, 2017); accord Morroni v. Gunderson, 169 F.R.D.

168, 170 (M.D. Fla. 1996) (denying a motion to strike a motion for sanctions because

“a motion is not a pleading, and thus a motion to strike a motion is not proper under

[Rule] 12(f)” (alteration adopted) (quotation omitted)). Motions to strike under Rule

12(f) are limited to “redundant, immaterial, impertinent, or scandalous matter[s].”

Fed. R. Civ. P. 12(f). See also Carlson Corp. / Southeast v. School Board of Seminole

County, Florida, 778 F. Supp. 518, 519 (M.D. Fla. 1991) (explaining that “[m]otions

to strike on the grounds of insufficiency, immateriality, irrelevancy, and redundancy

are not favored, often being considered ‘time wasters,’ and will usually be denied

unless the allegations have no possible relation to the controversy and may cause

prejudice to one of the parties.”).

The Motion must be denied for at least two reasons. First, it is not directed to

a pleading, but to initial disclosures. Even if initial disclosures were pleadings subject

to Rule 12(f), and they are not, there is nothing for the Court to strike from the

record because the initial disclosures were not filed. Second, although the phrase

“disgruntled former employee” is an argumentative characterization, it is not the sort

of redundant, immaterial, impertinent, or scandalous matter reserved for motions to

strike. Of course, this order is without prejudice to Plaintiffs ability to object to this

characterization at trial. It is therefore,

ORDERED that Plaintiffs Motion to Strike (Doc. 54) is DENIED.

DONE and ORDERED in Orlando, Florida, this 13" day of August, 2025.

/

NATHAN W. HILL

UNITED STATES MAGISTRATE JUDGE

Copies furnished to:

Counsel of Record

Unrepresented Parties

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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