2:23-cv-03606
S.D. OhioAug 29, 2025Background
- Plaintiff GS Holistic, LLC filed suit against Smoke Shop Cigar & Vape Inc. and Ali Alghazauei.
- Defendants responded with an Answer asserting six affirmative defenses.
- Plaintiff moved to strike the Fifth (failure to join necessary parties) and Sixth (reservation of right to assert additional defenses) affirmative defenses.
- Defendants did not respond to the Motion to Strike.
- The court considered the motion under Federal Rule of Civil Procedure 12(f).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to join necessary parties (Fifth Def.) | Defendants did not specify necessary parties or their necessity. | No explicit argument presented. | Stricken; legally deficient and unsupported. |
| Reservation of right to assert new defenses | Rule 8(c) does not permit blanket reservation of defenses. | No explicit argument presented. | Stricken; such reservations not proper affirmative defenses. |
Key Cases Cited
- PaineWebber Inc. v. Cohen, 276 F.3d 197 (6th Cir. 2001) (mere possibility of joint tortfeasors does not make others necessary parties)
- Temple v. Synthes Corp., 498 U.S. 5 (1990) (it is not necessary for all joint tortfeasors to be named as defendants)