UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

LORI BARNETTE,

Plaintiff,

v. Case No: 6:23-cv-1463-WWB-LHP

KENESHA LEWIS, LIMITLESS CAPITAL, LLC, OSCEOLA COUNTY SHERIFF’S OFFICE and FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES,

Defendants /Third Party Plaintiff,

FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES,

Third Party Plaintiff

ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: PLAINTIFF’S REPLY AND MOTION TO STRIKE DEFENDANTS’ AFFIRMATIVE DEFENSES FOR FAILURE TO STATE A LEGAL DEFENSE UNDER FED. R. CIV. P. 12(f) (Doc. No. 19) FILED: August 28, 2023 THEREON it is ORDERED that the motion is DENIED without prejudice. The motion fails to comply with Local Rule 1.08 and the presiding District Judge’s January 13, 2021 Standing Order. See In re: Local Rule Amendments, No. 6:21-mc-3-Orl-WWB, Doc. No. 1 (M.D. Fla. Jan. 13, 2021), available at

https://www.flmd.uscourts.gov/standing-order-judge-berger-revised-local-rules. The motion also fails to comply with Local Rule 3.01(g). Further, the motion in substance includes “Plaintiff’s General Reply to Defendants’ Answer and Affirmative Defenses,” which is unauthorized absent a Court Order. See Fed. R.

Civ. P. 12(a)(1)(C). See also Fed. R. Civ. P. 7(a)(7). Accordingly, the motion (Doc. No. 19) is DENIED without prejudice. Any renewed motion to strike must be filed within seven (7) days of the date of this

Order. However, Plaintiff is cautioned that “motions to strike under Federal Rule of Civil Procedure 12(f) are decidedly disfavored and are generally time wasters for the Court and counsel.” Erdogam v. Suntree Country Club, Inc., No. 6:14-cv-1991-

Orl-41DAB,

, at *1 (M.D. Fla. Feb. 10, 2015). A motion to strike will ordinarily be granted only if the material sought to be stricken is insufficient as a matter of law. Arthurs v. Glob. TPA LLC, No. 6:14-cv-1209-Orl-40TBS,

, at *1 (M.D. Fla. Feb. 6, 2015) (citations omitted). Accordingly, a renewed motion to strike should be filed only if Plaintiff can establish that a particular affirmative defense has no possible relation to the controversy and may cause prejudice. See Regions Bank v. Commonwealth Land Title Ins. Co., No. 11-23257-CIV,

, at *1 (S.D. Fla. Nov. 6, 2012) (citing Seibel v. Soc’y Lease, Inc., 969 F, Supp. 713, 714 (M.D. Fla. 1997)). DONE and ORDERED in Orlando, Florida on August 29, 2023.

[ inlay ie ayn Kica LESLIE AN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

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