United States District Court Middle District of Florida Jacksonville Division

JOYCE RAE BRIGHT,

Plaintiff,

v. NO. 3:20-cv-1385-HES-PDB

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,

Defendant.

Order Citing Federal Rule of Civil Procedure 12(f) and Florida law, the defendant moves to strike a proposal for settlement served on March 11, 2021, contending the proposal is premature and not made in good faith. Doc. 10. The plaintiff agrees to give the defendant thirty additional days to respond to the proposal but no more. Doc. 13. The Court denies the motion, Doc. 10, without prejudice. Rule 12(f) is inapplicable because the rule applies only to pleadings defined in Rule 7(a), and the proposal is not a pleading under that definition. See Lancet Indem. Risk Retention Grp., Inc. v. Allied World Surplus Lines Ins. Co., No. 8:15-CV-406-T-23JSS,

, at *2 (M.D. Fla. May 3, 2016) (denying similar motion to strike in part because Rule 7(a) is inapplicable); Vanderwall v. United Airlines, Inc., No. 14-CIV-60256,

, at *1 (S.D. Fla. Sept. 23, 2014) (same). Assuming that this Court otherwise has inherent authority to strike the proposal or can properly apply Florida law on striking proposals considering Erie principles, the motion is premature. In reaching this conclusion, the Court is persuaded by the reasoning in Hernandez v. Altec Envtl. Prod., LLC, No. 10- 805382-CIV,

, at *2 (S.D. Fla. Mar. 6, 2012).

Ordered in Jacksonville, Florida, on May 7, 2021.

PATRICIA D. BARKSDALE United States Magistrate Judge