LBCMT 2007-C3 Urbana Pike, LLC v. Sheppard

302 F.R.D. 385, 89 Fed. R. Serv. 3d 1269, 2014 U.S. Dist. LEXIS 139744, 2014 WL 4921280
CourtDistrict Court, D. Maryland
DecidedOctober 1, 2014
DocketCivil No. JKB-12-3056
StatusPublished
Cited by8 cases

This text of 302 F.R.D. 385 (LBCMT 2007-C3 Urbana Pike, LLC v. Sheppard) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LBCMT 2007-C3 Urbana Pike, LLC v. Sheppard, 302 F.R.D. 385, 89 Fed. R. Serv. 3d 1269, 2014 U.S. Dist. LEXIS 139744, 2014 WL 4921280 (D. Md. 2014).

Opinion

MEMORANDUM AND ORDER

JAMES K. BREDAR, District Judge.

Pending before the Court are Plaintiffs’ motion to strike Defendants’ affirmative defenses (ECF No. 49), Plaintiffs’ motion to compel Defendant Eric Sheppard’s responses to the first set of interrogatories (ECF No. 60), and Plaintiffs’ motion to compel Defendant Philip Wolman’s discovery responses (ECF No. 63). The first two motions have been briefed (ECF Nos. 52, 53, 64, 65), while the third received no response from Defendant Wolman. No hearing is required. Local Rule 105.6 (D.Md. 2014). The motion to strike will be denied, the motion to compel Defendant Sheppard’s responses shall be found moot but Plaintiffs will be awarded costs in connection with the motion, and the motion to compel Defendant Wolman’s responses will be granted.

I. Motion to Strike

Federal Rule of Civil Procedure 12(f) permits a court to “strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” The Fourth Circuit has stated,

Rule 12(f) motions are generally viewed with disfavor “because striking a portion of a pleading is a drastic remedy and because it is often sought by the movant simply as a dilatory tactic.” 5A A. Charles Alan Wright & Arthur R. Miller, Federal Practice & Procedure § 1380, 647 (2d ed.1990). Nevertheless, “a defense that might confuse the issues in the case and would not, under the facts alleged, constitute a valid defense to the action can and should be deleted.” Id. § 1381 at 665.

Waste Management Holdings, Inc. v. Gilmore, 252 F.3d 316, 347 (4th Cir.2001). In Waste Management, the Court affirmed the district court’s decision to grant a Rule 12(f) motion and to strike an affirmative defense that had no legal precedent in the context of that case. But courts generally refrain from striking affirmative defenses in the absence of a showing that, by not doing so, the mov-ant would be unfairly prejudiced. See Lockheed Martin Corp. v. United States, 973 F.Supp.2d 591, 592 (D.Md.2013).

Plaintiffs have failed to show they are entitled to the “drastic remedy” permitted by Rule 12(f). They have not shown that any of Defendant’s affirmative defenses “ ‘might confuse the issues in the case and would not, under the facts alleged, constitute a valid defense to the action,’ ” nor have they shown unfair prejudice. The reference in Federal [387]*387Practice & Procedure to “the facts alleged,” as quoted in Waste Management, supra, undoubtedly refers to the facts alleged by Plaintiffs in their complaint. However, Plaintiffs here have premised their motion under Rule 12(f) on the standard applied to motions under Rule 12(b)(6) or 12(c) seeking dismissal for failure to state a claim for relief, and they have sought to have affirmative defenses judged under the same standard. The latter standard is well known:

A complaint must contain “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Facial plausibility exists “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. An inference of a mere possibility of misconduct is not sufficient to support a plausible claim. Id. at 679, 129 S.Ct. 1937. As the Twombly opinion stated, “Factual allegations must be enough to raise a right to relief above the speculative level.” 550 U.S. at 555, 127 S.Ct. 1955. “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’ ... Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’ ” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 555, 557, 127 S.Ct. 1955). Although when considering a motion to dismiss a court must accept as true all factual allegations in the complaint, this principle does not apply to legal conclusions couched as factual allegations. Twombly, 550 U.S. at 555, 127 S.Ct. 1955.

As of this date, neither the Supreme Court nor the Fourth Circuit has applied the Twombly-Iqbal standard of Rule 8(a) to either defenses or affirmative defenses under Rule 8(b) or (e), respectively. The undersigned recognizes that some of the other judges in this district have done so,1 but finds the view expressed by Judge Williams in Lockheed Martin more persuasive and more in keeping with the wording of Rule 8(a), as interpreted in the Twombly and Iqbal cases. A plaintiffs complaint invokes the jurisdiction of the court and seeks affirmative relief. An affirmative defense does neither; consequently, it is reasonable to interpret the wording of Rule 8(b) and (e), which govern defenses and affirmative defenses, differently from the interpretation given by the Supreme Court to the distinctive wording of Rule 8(a) applicable to claims for relief. Rule 8(a)’s more demanding principle is better applied to claimants who have had significant time to craft their claims. Applying the same principle to defendants unfairly places on them too substantial a burden too early in the litigation process. Accordingly, the Court holds that the Twombly-Iqbal standard does not apply to affirmative defenses.

This is not to say, however, that litigants and their attorneys should feel free to recite in their answers a litany of irrelevant and unsupported affirmative defenses. Such is sanctionable conduct under Rule 11, [388]*388which requires the person signing or filing any paper presented to the Court to implicitly certify “that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances ... the ... defenses ... are warranted by existing law or by a nonfrivo-lous argument for extending, modifying, or reversing existing law or for establishing new law.” Fed.R.Civ.P. 11(b)(2). Thus, even though the Court has concluded that Twom-bly-Iqbal is inapplicable to affirmative defenses, attorneys, and pro se litigants where appropriate, are still held to a basic standard of accountability for the contents of their court papers.

As a final point on the motion to strike, the Court finds unpersuasive Plaintiffs’ alternative argument that other courts in similar cases have “rejected the very same defenses on multiple occasions in the past 12 months.” (Pis. Mot. Strike 1, ECF No. 49.) Whatever other courts have done when faced with specific factual circumstances before them does not govern what the Court here decides as to the case before it. The motion to strike is denied.

II. Motion to Compel Sheppard’s Responses to Interrogatories

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302 F.R.D. 385, 89 Fed. R. Serv. 3d 1269, 2014 U.S. Dist. LEXIS 139744, 2014 WL 4921280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lbcmt-2007-c3-urbana-pike-llc-v-sheppard-mdd-2014.