Opinion

Wipperman

Court
District Court, M.D. Tennessee
Filed
Mar 5, 2026
Cited by
0 cases
Authority
More cited than 39.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

UNITED STATES OF AMERICA ex rel. )

ST. PAUL’S FOUNDATION, )

)

Plaintiff-Relator, )

) Case No. 3:24-cv-00750

v. ) Judge Aleta A. Trauger

)

TIMOTHY WIPPERMAN, )

)

Defendant. )

MEMORANDUM and ORDER

Before the court is defendant Timothy Wipperman’s Motion to Strike (Doc. No. 48), which

requests only that the court strike the first sentence of Paragraph 15(e) of the Second Amended

and Restated Complaint (“SAC”) (Doc. No. 44) filed by plaintiff-relator St. Paul’s Foundation

(“St. Paul’s”). St. Paul’s opposes the motion. (Doc. No. 54.) As set forth herein, the motion will

be granted.

I. LEGAL STANDARD

Federal Rule of Civil Procedure 12(f) authorizes the court, on its own or upon a motion,

“to strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or

scandalous matter.” Generally, “[m]otions to strike are viewed with disfavor and are not frequently

granted.” Operating Eng’rs Loc. 324 Health Care Plan v. G & W Constr. Co., 783 F.3d 1045,

1050 (6th Cir. 2015) (citing Brown & Williamson Tobacco Corp. v. United States, 201 F.2d 819,

822 (6th Cir. 1953)).

“An immaterial matter is that which has ‘no bearing on the subject matter of the litigation,’

while ‘[i]mpertinent allegations include statements that are not necessary to the issues presented.’”

M.F. v. Cleveland Metro. Sch. Dist., No. 1:23CV2308, 2024 WL 4564423, at *6 (N.D. Ohio Oct.

24, 2024) (quoting McKinney v. Bayer Corp., 2010 WL 2756915, at *1 (N.D. Ohio July 12, 2010)).

A scandalous matter “refers to any allegation that unnecessarily reflects on the moral character of

an individual or states anything in repulsive language that detracts from the dignity of the court.”

Id. (citation omitted). “Generally, the matter to be stricken must have ‘no possible relation to the

controversy.’” House of Providence v. Meyers, 458 F. Supp. 3d 621, 647 (E.D. Mich. 2020)

(quoting Brown, 201 F.2d at 822).

II. DISCUSSION

This lawsuit involves a fraudulent and unauthorized loan application allegedly submitted

to the United States Small Business Administration (“SBA”) by the defendant on behalf of the

relator. The SAC also includes allegations showing that the defendant had a personal relationship

with the relator’s principal, Fr. Andrew Bushell. These allegations, to the extent they tend to prove

that the defendant in Tennessee knew of the existence and mission of the relator, in Massachusetts,

have at least some “relation to the controversy.” Id. The particular paragraph of the SAC to which

the defendant objects, however, concerns Bushell’s relationship and interventions on behalf of the

defendant’s son. The relator alleges that all of the subparts of paragraph 15, including paragraph

15(e), are intended to be “illustrative of the efforts taken by Relator1 to provide spiritual and

practical guidance” to the defendant and his family to “help them live more moral and productive

lives.” (SAC ¶ 15(e).)

The allegations of actions that Bushell took on behalf of the defendant’s son are not

remotely relevant to the question of whether the defendant violated the FCA by submitting a false

1 The relator is St. Paul’s, not Bushell, but the court filings submitted by St. Paul’s tend to

conflate the two.

and fraudulent loan application to the SBA. The facts that the defendant seeks to strike in paragraph

15(e) are immaterial and impertinent, insofar as they are not necessary to prove the relator’s FCA

claim or to establish any background facts that relate to the defendant’s possible liability under the

FCA.

The motion is well taken and will be granted.

Ii. CONCLUSION AND ORDER

For the reasons set forth herein, the Motion to Strike (Doc. No. 48), which is directed to

the first sentence of Paragraph 15(e) of the SAC, is hereby GRANTED, and the court will not

consider the objectionable material for any purpose.

It is so ORDERED.

Meili bog

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.

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.