Hayne v. Green Ford Sales, Inc.

263 F.R.D. 647, 2009 U.S. Dist. LEXIS 119886, 2009 WL 5171779
CourtDistrict Court, D. Kansas
DecidedDecember 22, 2009
DocketNo. 09-2202-JWL-GLR
StatusPublished
Cited by57 cases

This text of 263 F.R.D. 647 (Hayne v. Green Ford Sales, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayne v. Green Ford Sales, Inc., 263 F.R.D. 647, 2009 U.S. Dist. LEXIS 119886, 2009 WL 5171779 (D. Kan. 2009).

Opinion

MEMORANDUM AND ORDER

GERALD L. RUSHFELT, United States Magistrate Judge.

Plaintiffs assert claims for breach of implied warranty of merchantability and violations of the Kansas Consumer Protection Act that allegedly arise from their purchase of a motor vehicle from Defendant. This matter comes before the Court upon two motions: Plaintiffs’ Motion to Strike Affirmative Defenses and to Compel Discovery (doc. 18) and Motion for Sanctions and to Pay Plaintiffs’ Costs and Attorney’s Fees (doc. 20). In the former motion Plaintiffs move to compel Defendant to answer two interrogatories, pursuant to Fed.R.Civ.P. 37(a), and to strike eight of its affirmative defenses under Fed. R.Civ.P. 12(f). Plaintiffs also request sanctions under Fed.R.Civ.P. 11, based upon Defendant’s failure to withdi-aw its affirmative defenses. They also seek reasonable expenses incurred upon the motion to compel. As set forth below, the Court grants the motion to strike affirmative defenses and denies the motions to compel and for sanctions.

I. Motion to Strike Affirmative Defenses

Plaintiffs ask the Court to strike Defendant’s affirmative defenses numbered 2 through 9. They include the following: statute of limitations, contributory negligence, failure to mitigate damages, assumption of risk, supereeding/intervening act, waiver, failure to use product in manner designed or intended, and estoppel. Plaintiffs argue that these affirmative defenses should be stricken, pursuant to Fed.R.Civ.P. 12(f), as insufficient. They contend the defenses lack any factual basis and that answers by Defendant to interrogatories show it had no reasonable basis for asserting them. Plaintiffs suggest that Defendant may assert only those affirmative defenses for which it has a reasonable factual basis. Without knowing the factual basis, Plaintiffs argue they cannot properly respond to the affirmative defenses or begin discovery. They also contend that some of the affirmative defenses seem wholly inapplicable to this case. Specifically, they suggest that affirmative defense 8, that the product was not used in a manner designed or intended, appears to be a defense against products liability.

Defendant argues that its present inability to provide complete responses to the interrogatories, which seek its factual contentions for the affirmative defenses, does not warrant striking them. It states it has not had an opportunity to inspect the vehicle at issue because it is located in South Dakota. Defendant further states that it must depose Plaintiffs to determine whether their actions contributed to their damages. It contends that all the interrogatories will require it to pursue similar investigation.

Federal Rule of Civil Procedure 12(f) permits the court to “strike from a pleading an insufficient defense.” A defense is insufficient if it cannot succeed, as a mat[649]*649ter of law, under any circumstances.1 Motions to strike will not be granted unless the insufficiency of the defense is clearly apparent and no factual issues exist that should be determined in a hearing on the merits.2 The decision to strike an affirmative defense rests within the sound discretion of the district court.3 Rule 12(f) is intended to minimize delay, prejudice and confusion by narrowing the issues for discovery and trial.4

Fed.R.Civ.P. 8(b) governs the pleading of defenses, instructing that in responding to a pleading, a party must “state in short and plain terms its defenses to each claim asserted against it.”5 Rule 8(c) specifically addresses affirmative defenses and imposes the additional requirement that a party “affirmatively state any avoidance or affirmative defense.”6 In pleading an affirmative defense, a defendant must comply with Rule 8’s requirement of a “short and plain” statement to give the opposing party fair notice of the defense and the grounds upon which it rests.7

Although neither party has directly referred to it, the motion to strike raises the issue as to what pleading standard applies to affirmative defenses. Before 2007, the pleading standard for “claims for relief’ was set forth in Conley v. Gibson.8 Under Conley’s notice pleading standard, courts could grant motions to dismiss a claim for relief only when “it appeared] beyond doubt that the plaintiff [could] prove no set of facts in support of his claim which would entitle him to relief.”9 In 2007, the Supreme Court, in Bell Atlantic Corp. v. Twombly,10 departed from the Conley standard and introduced the plausibility standard. Under Twombly, to survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.”11 The Court further described the pleading specificity standard, stating that a pleading “does not need detailed factual allegations,” but does need to provide the grounds for entitlement to relief and requires “more than labels and conclusions.” 12 Subsequently in 2009, in Ashcroft v. Iqbal,13 the Supreme Court clarified that the Twombly decision was based on its interpretation and application of Fed.R.Civ.P. 8, which governs the pleading standard in all civil actions.

Since the Supreme Court’s decisions in Twombly and Iqbal, several courts have addressed whether the new pleading standard applies to affirmative defenses. A few courts have rejected the heightened pleading standard for affirmative defenses.14 The majori[650]*650ty of courts addressing the issue, however, have applied the heightened pleading standard announced in Twombly, and further clarified in Iqbal, to affirmative defenses.15

In United States v. Quadrini,16 the Eastern District of Michigan court specifically addressed whether Twombly’s standard for pleading sufficiency applied to pleading affirmative defenses. It reasoned that:

This clarification by the Supreme Court that a plaintiff must plead sufficient facts to demonstrate a plausible claim, or one that has a “reasonably founded hope” of success, cannot be a pleading standard that applies only to plaintiffs. It must also apply to defendants in pleading affirmative defenses, otherwise a court could not make a Rule 12(f) determination on whether an affirmative defense is adequately pleaded under Rules 8 and/or 9 and could not determine whether the affirmative defense would withstand a Rule 12(b)(6) challenge.

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Bluebook (online)
263 F.R.D. 647, 2009 U.S. Dist. LEXIS 119886, 2009 WL 5171779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayne-v-green-ford-sales-inc-ksd-2009.