Campagnolo S.R.L. v. Full Speed Ahead, Inc.

258 F.R.D. 663, 2009 U.S. Dist. LEXIS 59618, 2009 WL 1835938
CourtDistrict Court, W.D. Washington
DecidedJune 26, 2009
DocketNo. C08-1372 RSM
StatusPublished
Cited by4 cases

This text of 258 F.R.D. 663 (Campagnolo S.R.L. v. Full Speed Ahead, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campagnolo S.R.L. v. Full Speed Ahead, Inc., 258 F.R.D. 663, 2009 U.S. Dist. LEXIS 59618, 2009 WL 1835938 (W.D. Wash. 2009).

Opinion

ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE

RICARDO S. MARTINEZ, District Judge.

I. INTRODUCTION

This matter comes before the Court on “Plaintiffs Motion to Strike Pursuant to FRCP 12(f) and FRCP 9(b).” (Dkt.#99). Plaintiff moves to strike Defendants’ affirmative defense of unclean hands on the grounds that Defendants have failed to plead a legally sufficient defense pursuant to FRCP 12(f). Plaintiff also contends that Defendants’ un[665]*665clean hands defense does not meet the heightened particularity requirements of FRCP 9(b). Defendants respond that Plaintiffs interpretation of unclean hands is unreasonably narrow, and that FRCP 9(b) does not apply.

For the reasons set forth below, the Court GRANTS Plaintiffs motion.

II. DISCUSSION

A. Background

The Court has previously discussed the relevant facts that gave rise to this false advertising lawsuit based on the Lanham Act in its order granting Defendant Full Speed Ahead, Inc.’s (“FSA”) motion to continue. (See Dkt. # 57). Accordingly, it is unnecessary to restate them in any further detail here. The Court only notes that counsel for both parties have exhibited an overly contentious relationship, and have engaged in the unnecessary practice of filing repetitive motions with the Court despite the fact that no meaningful discovery has taken place. These motions include four separate motions related to the instant motion to strike. The first is Plaintiff Campagnolo S.R.L.’s (“Campag-nolo”) motion for protective order wherein Campagnolo essentially seeks to preclude discovery related to FSA’s affirmative defense of unclean hands. (Dkt. #88). The second is FSA’s motion to compel in which FSA requests discovery related to its affirmative defense of unclean hands. (Dkt. #116). The third and fourth relate to Cam-pagnolo’s motion for sanctions against FSA for refusing to withdraw its unclean hands defense. (Dkts. # 120 and # 122). Resolution of the instant motion is therefore dispos-itive of these motions.

B. Motion to Strike

FRCP 12(f) provides that “[t]he court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” A district court within the Ninth Circuit has defined the relevant terms under FRCP 12(f):

To show that a defense is “insufficient,” the moving party must demonstrate that there are no questions of fact, that any questions of law are clear and not in dispute, and that under no set of circumstances could the defense succeed ... “Immaterial” matter is that which has no essential or important relationship to the claim for relief or the defenses being pleaded ... “Impertinent” matter consists of statements that do not pertain, and are not necessary, to the issues in question ... “Redundant” allegations are those that are needlessly repetitive or wholly foreign to the issues involved in the action.

California Dept. of Toxic Substances Control v. Alco Pacific, Inc., 217 F.Supp.2d 1028, 1032-33 (C.D.Cal.2002) (internal quotations and citations omitted).

Courts are generally reluctant to determine disputed issues on a motion to strike because “these questions quite properly are viewed as determinable only after discovery and a hearing on the merits.” Id. (citing 5 Charles Wright & Arthur Miller, Federal Practice & Procedure, § 1381 at 800-01). Nevertheless, courts employ motions to strike “to avoid the expenditure of time and money that must arise from litigating spurious issues by dispensing with those issues prior to trial[.]” Sidney-Vinstein v. A.H. Robins Co., 697 F.2d 880, 885 (9th Cir.1983); see also Fantasy, Inc. v. Fogerty, 984 F.2d 1524, 1528 (9th Cir.1993), rev’d on other grounds, 510 U.S. 517, 114 S.Ct. 1023, 127 L.Ed.2d 455 (1994) (“The district court could properly grant the motion to strike for the purpose of streamlining the ultimate resolution of the action and focusing the jury’s attention on the real issues in the case.”). The possibility that certain claims “will be unnecessarily complicated or that superfluous pleadings will cause the trier of fact to draw ‘unwarranted’ inferences at trial is the type of prejudice that is sufficient to support the granting of a motion to strike.” Alco, 217 F.Supp.2d at 1033.

With respect to unclean hands, there is no dispute that “[u]nclean hands is a defense to a Lanham Act infringement suit.” Fuddruckers, Inc. v. Doc’s B.R. Others, Inc., 826 F.2d 837, 847 (9th Cir.1987) (citations omitted). However, in order to prevail, “the defendant must demonstrate that the plaintiffs conduct is inequitable and that the con[666]*666duct relates to the subject matter of its claims.” Id. (citation omitted). In other words, “misconduct in the abstract, unrelated to the claim which it is asserted as a defense, does not constitute unclean hands.” Republic Molding Corp. v. B.W. Photo Utilities, 319 F.2d 347, 349 (9th Cir.1963). Therefore “equity requires that those seeking its protection shall have acted fairly and without fraud or deceit as to the controversy in issue. Ellenburg v. Brockway, Inc., 763 F.2d 1091, 1097 (9th Cir.1985) (emphasis added). “The concept of invoking the denial of relief is not intended to serve as punishment for extraneous transgressions, but instead is based upon ‘considerations that make for the advancement of right and justice.’ ” Republic, 319 F.2d at 349 (quoting Keystone Driller Co. v. General Excavator Co., 290 U.S. 240, 245, 54 S.Ct. 146, 78 L.Ed. 293 (1933)).

Based on these well-establishes principles, the Court finds that FSA’s affirmative defense of unclean hands should be stricken. FSA’s claims are far too attenuated from the claims raised by Campagnolo to justify their inclusion in this lawsuit. For instance, Campagnolo brings this lawsuit based solely on representations made by FSA regarding Campagnolo’s crankset, a bicycle component that Campagnolo manufacturers and develops. Campagnolo specifically contends that in 2008, FSA published several misleading advertisements regarding the stiffness-to-weight ratio of Campagnolo’s crankset in bicycle publications and on the web.

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258 F.R.D. 663, 2009 U.S. Dist. LEXIS 59618, 2009 WL 1835938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campagnolo-srl-v-full-speed-ahead-inc-wawd-2009.