Cleveland v. United Cleanup Oak Ridge, LLC, 3:24-cv-00161

Mark E. Cleveland, former Waste Operations Project Manager for United Cleanup Oak Ridge, LLC (UCOR), alleges he was wrongfully terminated due to his age, in violation of the ADEA and THRA.
UCOR claims Cleveland was fired for insubordination related to his transfer of employee Patricia Sexton back to a previous assignment.
After Cleveland's termination, Sexton was quickly transferred again by UCOR and then terminated for allegedly attempting to organize a labor strike.
Cleveland's complaint included two paragraphs mentioning actions UCOR took regarding Sexton after his termination.
UCOR moved to strike those paragraphs, arguing they were irrelevant and prejudicial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether paragraphs 79-80 (regarding Sexton's post-termination treatment) should be struck from the complaint as immaterial or prejudicial	They are relevant to pretext and the legitimacy of UCOR's stated reason for his termination	They are irrelevant and prejudicial since they relate to events after plaintiff's termination	Motion to strike denied; allegations may be relevant

Brown & Williamson Tobacco Corp. v. United States, 201 F.2d 819 (6th Cir. 1953) (motions to strike are disfavored and granted only when allegations have no possible relation to the controversy)
EEOC v. FPM Grp., Ltd., 657 F. Supp. 2d 957 (E.D. Tenn. 2009) (striking pleadings is a drastic remedy to be used sparingly)