Schuck v. Littleton Auto Repair, LLC
1:23-cv-03303
D. Colo.Nov 7, 2024Background
- Plaintiff Cody Schuck, on behalf of himself and others similarly situated, is suing Littleton Auto Repair, LLC, and individuals Ken and Shannon Scholl.
- Defendants filed a combined Answer to the complaint.
- Plaintiff filed a Motion to Strike the Answer, arguing defendants had failed to comply with various court orders and procedural obligations.
- Plaintiff cited Rule 55(a) but did not provide a cogent legal basis for striking the Answer.
- The Court addressed and denied the Motion before any response from Defendants was filed, analyzing it under Rule 12(f).
- The Court found the Plaintiff failed to meet the heavy burden required to strike a pleading under Rule 12(f).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should Defendants' Answer be stricken for failing to comply with court orders and procedural rules? | Argued Defendants failed to appear through counsel, failed to respond to Plaintiff motions and communications, and generally failed to participate, citing Rule 55(a). | No response filed prior to ruling. | Court denied the motion, finding no sufficient legal basis or demonstration of prejudice or insufficient/immaterial content in the Answer. |
Key Cases Cited
- Sierra Club v. Tri-State Generation and Transmission Ass’n, Inc., 173 F.R.D. 275 (D. Colo. 1997) (explains strict standards and disfavored nature of motions to strike under Rule 12(f))
