McGlauflin v. RCC Atlantic Inc.

269 F.R.D. 56, 2010 U.S. Dist. LEXIS 43672, 2010 WL 1781005
CourtDistrict Court, D. Maine
DecidedMay 3, 2010
DocketNo. CV-09-467-B-W
StatusPublished
Cited by7 cases

This text of 269 F.R.D. 56 (McGlauflin v. RCC Atlantic Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGlauflin v. RCC Atlantic Inc., 269 F.R.D. 56, 2010 U.S. Dist. LEXIS 43672, 2010 WL 1781005 (D. Me. 2010).

Opinion

ORDER ON DEFENDANTS’ RULE 12(f) MOTION TO STRIKE

JOHN A. WOODCOCK, JR., Chief Judge.

The Court denies the Defendants’ Rule 12(f) motion to strike the investigative report and disposition of the Plaintiffs Maine Human Rights Commission complaint because it concludes that the Maine Human Rights Act requires the Plaintiff to plead the disposition of the administrative action, that the Defendants themselves affirmatively raised questions about the scope of the administrative investigation and findings, and that there is no likely prejudice from the exhibits to the jury, since the local practice is not to display or admit a civil complaint as an exhibit for jury review.

[57]*57I. STATEMENT OF FACTS

On September 24, 2009, Nycole McGlauflin filed a complaint against RCC Atlantic, Inc., Rural Cellular Corporation, and Cellco Partnership, claiming that the defendants had violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Maine Human Rights Act, 5 M.R.S.A. § 4551 et seq. by discriminating against her because of her gender. Compl. (Docket # 1). On March 2, 2010, the Defendants moved to strike paragraphs 10 and 11 of the Plaintiffs Complaint, asserting that they are “irrelevant, immaterial, and impertinent to this proceeding and are highly prejudicial to the Defendants.” Defs.’ Rule 12(f) Mot. to Strike at 1 (Docket # 11) (Defs.’ Mot.). Ms. McGlauflin responded on March 8, 2010. Pl. ’s Opp’n to Defs. ’ Rule 12(f) Mot. to Strike (Docket # 15) (Pl. ’s Opp’n).

Paragraphs 10 and 11 of the Complaint allege:

10. A MHRC investigator completed an investigation of this ease and on April 22, 2009 found reasonable grounds to believe that the Defendants had discriminated against Plaintiff on the basis of sex. A copy of the Investigator’s Report as (sic) attached hereto as Exhibit A.
11. On June 29, 2009, the MHRC found reasonable grounds of sex discrimination. The MHRC statement of finding is attached hereto as Exhibit B.

Compl. ¶¶ 10, 11. Exhibits A and B are the MHRC Investigator’s Report dated April 22, 2009 and the MHRC Statement of Finding dated June 30, 2009. Id. Ex. A, B.

The Defendants’ motion is based on the premise that the proceedings before the MHRC are immaterial and impertinent to the Plaintiffs claims and are highly prejudicial to the Defendants. Defs.’ Mot. at 3. They contend that because the Court is not bound by the MHRC findings, the MHRC findings are immaterial and because the exhibits “are likely to confuse the issues in this matter and mislead the jury,” they are prejudicial. Id. at 3-4. They cite ease law in which the findings of administrative proceedings before the Equal Employment Opportunity Commission have been struck from complaints. Id.

In her response, Ms. McGlauflin explains that she included the MHRC actions “for the purpose of alleging and establishing that Plaintiff has exhausted her administrative remedies as required by the Maine Human Rights Act (“MHRA”).” Pl.’s Opp’n at 1. She asserts that the First Circuit requires that a plaintiff must adequately plead exhaustion of administrative remedies in a complaint. Id. at 2 (citing Walton v. Nalco Chemical Co., 272 F.3d 13, 20-21 (1st Cir. 2001)). She points out that the Defendants have asserted as an affirmative defense that she failed to properly pursue, perfect, and exhaust her administrative remedies. Id. at 2-3 (citing Defs.’Ans. to Compl. at 11 (Docket # 12)). She contends that if the Defendants persist in their affirmative defense of lack of exhaustion of administrative remedies, the MRHC findings would be admissible at any trial, and in any event, Rule 12(f) does not contemplate striking paragraphs in a complaint because the information may be later deemed inadmissible at trial. Id. at 3-4.

II. DISCUSSION

Rule 12(f) provides:
The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act: (1) on its own; or (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

Fed.R.Civ.P. 12(f). A Rule 12(f) motion is directed to the discretion of the court. Morell v. United States, 185 F.R.D. 116, 118 (D.P.R.1999); 5C Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1381 (3d ed. 2004) (Wright & Miller). Motions to strike, however, are not favored, since “[m]odern litigation is too protracted and expensive for the litigants and the court to expend time and effort pruning or polishing the pleadings.” Wright & Miller § 1382 (2009 Supp.). In general, a motion to strike should be denied unless it is clear that the challenged matter “can have no possible bearing on the subject matter of the litiga[58]*58tion.” Berke v. Presstek, Inc., 188 F.R.D. 179, 180 (D.N.H.1998) (citation omitted); Wright & Miller § 1382.

Here, the Defendants claim that the MRHC records should be struck because they are immaterial, impertinent, and prejudicial. Defs. Mot. at 3-4. “Immaterial” has been defined as a matter “which has no essential or important relationship to the claim for relief or the defenses being pleaded.” Wright & Miller § 1382. “If part of the challenged material is found to be so connected with the subject matter of the suit that it might be deemed to present a question of law or fact that the district court is obligated to hear and determine, it cannot be stricken as impertinent.” Id.

With these definitions in mind, the Court denies the Defendants’ motion to strike. First, Ms. McGlauflin correctly observes that the First Circuit has interpreted 5 M.R.S.A. § 4622(1)(C) as requiring the plaintiff to “plead[ j’the requisite MHRC filing.” Walton, 272 F.3d at 20-21. Thus, by providing proof of the Maine Human Rights Commission charge and disposition, Ms. McGlauflin was complying with the dictates of the Maine statute.

Second, in their Answer, the Defendants posited two affirmative defenses:

20. The Complaint exceeds the scope of the Charge of Discrimination which Plaintiff filed with the Maine Human Rights Commission and the Equal Opportunity Commission.
And
21. Plaintiff is barred from maintaining this action, in whole or in part, because she failed to properly pursue, perfect, and exhaust her administrative remedies.

Defs.’ Ans. to Compl. at 11.

Second, by raising as affirmative defenses not only whether Ms. McGlauflin had adequately complied with the administrative exhaustion requirement, but also the extent to which she complied with the requirement, the Defendants themselves made the underlying Maine Human Rights Commission report and decision both material and pertinent to the issues in this ease.

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269 F.R.D. 56, 2010 U.S. Dist. LEXIS 43672, 2010 WL 1781005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcglauflin-v-rcc-atlantic-inc-med-2010.