Blount v. Johnson Controls, Inc. et al

Response in Opposition re MOTION to Strike Johnson Control Inc. Affirmative Defenses

S.D. Miss.August 3, 2018

KCP-8394657-1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION CHARLES BLOUNT , ) ) Plaintiff, ) ) vs. ) Civil Action No. 3:17-cv-854-CWR-LRA ) JOHNSON CONTROLS, INC., et al., ) ) Defendants. ) RESPONSE IN OPPOSITION TO PLAINTIFF’S MOTION TO STRIKE DEFENDANT JOHNSON CONTROLS, INC.’S AFFIRMATIVE DEFENSES Defendant Johnson Controls, Inc. files this Response to Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses and states as follows: 1. On December 20, 2017, Defendant filed its Answer and Affirmative Defenses to Plaintiff’s Complaint. [Dkt. 29]. 2. On January 10, 2018, Plaintiff filed his Motion to Strike Defendant’s Affirmative Defenses. [Dkt. 42 & 43]. Plaintiff claims in his Motion that several of Defendant’s Affirmative Defenses are insufficiently plead under Twombly and Iqbal or are otherwise improper. 3. Plaintiff’s theory is wrong. Defendant complied with binding precedent governing the pleading standard for affirmative defenses by giving Plaintiff “fair notice” of its defenses. Defendant is not required to prove its defenses at such an early, pre-discovery phase of the litigation. Plaintiff’s misapplication of pleading standards should result in his Motion being denied. 4. Plaintiff has also failed to demonstrate any legitimate basis for his Motion, and has likewise failed to show any resulting prejudice to Plaintiff that would warrant the Court granting the extraordinary relief sought by striking Defendant’s defenses. Case 3:17-cv-00854-DPJ-FKB Document 52 Filed 08/03/18 Page 1 of 3 2 5. For these and the reasons more fully discussed in Defendant’s Memorandum Brief in Response to Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses, Defendant respectfully requests that this Court deny Plaintiff’s Motion. THIS, the 3rd day of August, 2018. Respectfully submitted, JOHNSON CONTROLS, INC. /s/ J. Cal Mayo, Jr. J. CAL MAYO, JR. (MS Bar No. 8492) Its Attorney OF COUNSEL: MAYO MALLETTE PLLC 2094 Old Taylor Road 5 University Office Park Post Office Box 1456 Oxford, Mississippi 38655 Telephone: (662) 236-0055 Facsimile: (662) 236-0035 cmayo@mayomallette.com Randall S. Thompson (MO Bar No. 45581) (PHV) Husch Blackwell LLP 190Carondelet Plaza, Suite 600 St. Louis, MO 63105 (314) 480-1500 Telephone (314) 480-1505 Facsimile randall.thompson@huschblackwell.com Benjamin A. McMillen (MO Bar No. 63086) (PHV) Husch Blackwell LLP 4801 Main Street, Suite 1000 Kansas City, Missouri 64112 (816) 983-8000 Telephone (816) 983-8080 Facsimile ben.mcmillen@huschblackwell.com Case 3:17-cv-00854-DPJ-FKB Document 52 Filed 08/03/18 Page 2 of 3 3 CERTIFICATE OF SERVICE I, J. Cal Mayo, Jr., attorney for Defendant Johnson Controls, Inc., do certify that I have electronically filed the foregoing with the Clerk of the Court using the ECF system which sent notification of such filing to all attorneys of record. THIS, the 3rd day of August, 2018. /s/ J. Cal Mayo, Jr. J. Cal Mayo, Jr. Case 3:17-cv-00854-DPJ-FKB Document 52 Filed 08/03/18 Page 3 of 3