Pegaso Development Inc. v. Moriah Education Management LP

• Court: District Court, S.D. New York
• Decided: December 20, 2019
• Docket: 1:19-cv-07787
• Status: Unknown

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED PEGASO DEVELOPMENT INC.., DOC DATE FILED: _ 12/20/2019 Plaintiff, -against- 19 Civ. 7787 (AT) MORIAH EDUCATION MANAGEMENT ORDER LP AND MORIAH SOFTWARE MANAGEMENT LP, Defendants. ANALISA TORRES, District Judge: On November 21, 2019, Plaintiff Pegaso Development Inc. filed a pre-motion letter seeking leave to file a motion to strike. ECF No. 29. On December 2, 2019, Defendants Moriah Education Management LP and Moriah Software Management LP filed a letter in opposition. ECF No. 30. While the Court cannot prevent Plaintiffs from making a Rule 12(f) motion once the Answer is filed, Plaintiffs are reminded that “motions to strike are viewed with disfavor and infrequently granted.” Harborview Value Masterfund, L.P. v. Freeline Sports, Inc., No. 11- CV-01638 (CM), 2012 WL 612358, at *16 (S.D.N.Y. Feb. 23, 2012): see also Raymond Weil, S.A. v. Theron, 585 F. Supp. 2d 473, 489-90 (S.D.N_Y. 2008) (as Judge McMahon colorfully explained, “There is nothing dumber than a motion to strike boilerplate affirmative defenses; it wastes the client’s money and the court’s time.”). Packard v. City of New York, No. 15 Civ. 7130, 2018 WL 2229123, at *3 (S.D.N.Y. Apr. 30, 2018). Accordingly, the parties are ordered to meet and confer. By January 8, 2020, the parties shall file a status letter indicating whether Plaintiff intends to proceed with its request to file a motion to strike. SO ORDERED. Dated: December 20, 2019 New York, New York

ANALISA TORRES United States District Judge