17 Cited authorities

Salahuddin v. Cuomo
861 F.2d 40 (2d Cir. 1988) Cited 3,502 times
Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."
Dover Steel Co., Inc. v. Hartford Acc. and Indem. Co.
151 F.R.D. 570 (E.D. Pa. 1993) Cited 128 times
Striking amended pleading which significantly differed from the proposed amendments attached to the Motion to Amend
Hoover v. Blue Cross & Blue Shield
855 F.2d 1538 (11th Cir. 1988) Cited 82 times
Holding that district court properly treated second amended complaint as a nullity where it was filed without leave of court or consent of opposing party
U.F.C.W. Local 56 Health and Welfare Fund v. J.D.'s Market
240 F.R.D. 149 (D.N.J. 2007) Cited 33 times
Finding amendments that exceeded the scope of amendment allowed by the court may be stricken under Federal Rule of Civil Procedure 12(f) for failure to obtain leave to amend
Hardin v. American Electric Power
188 F.R.D. 509 (S.D. Ind. 1999) Cited 29 times
Noting that in certain circumstances the court may strike the entire pleading while granting leave to replead
Robinson v. Buffaloe & Assocs., PLC
Case 3:13-0146 (M.D. Tenn. Aug. 6, 2013) Cited 8 times
Dismissing FDCPA claims because plaintiff did not specifically allege any activities prohibited by a section of the FDCPA
Roberto's Fruit Market, Inc. v. Schaffer
13 F. Supp. 2d 390 (E.D.N.Y. 1998) Cited 21 times
Dismissing a 108 page, 385 paragraph complaint for violating Rule 8 based on its finding that "the complaint [was] excessively long-winded and redundant"
Rowe v. Marietta Corp.
955 F. Supp. 836 (W.D. Tenn. 1997) Cited 15 times
Rejecting summary judgment predicated, in part, on plaintiff's status as a director and his receipt of storm warnings in that capacity
Overnite Transp. v. Intern. Broth. of Teamsters
168 F. Supp. 2d 826 (W.D. Tenn. 2001) Cited 10 times
Nos. 2:00CV3109, 1:00CV1023. February 27, 2001. Stephen L. Shields, Robin H. Rasmussen, Jackson Shields Yeiser Cantrell, Cordova, TN, Kenneth T. Lopatka, Craig R. Thortenson, Jeffrey L. Madoff, Matkov Salzman Madoff Gunn, Chicago, IL, for plaintiff. Jodi Trulove, Steven J. Roman, Woody N. Peterson, Erica J. Dominitz, Dickstein Shapiro Morin Oshinsky, Washington, DC., Samuel Morris, Allen Godwin Morris Laurenzi Bloomfield, P.C., Memphis, TN, for defendants. ORDER GRANTING IN PART AND DENYING IN PART
Index Fund, Inc. v. Hagopian
107 F.R.D. 95 (S.D.N.Y. 1985) Cited 16 times
Noting that a defendant wishing to raise insufficiency of process must do so in his "first defensive move, be it a Rule 12 motion or a responsive pleading."
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 361,853 times 961 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,067 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,896 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 77m - Limitation of actions
15 U.S.C. § 77m Cited 961 times 29 Legal Analyses
Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

Small, Jr. v. RMK High Income Fund, Inc. et al

17 Cited authorities

Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."

Striking amended pleading which significantly differed from the proposed amendments attached to the Motion to Amend

Holding that district court properly treated second amended complaint as a nullity where it was filed without leave of court or consent of opposing party

Finding amendments that exceeded the scope of amendment allowed by the court may be stricken under Federal Rule of Civil Procedure 12(f) for failure to obtain leave to amend

Noting that in certain circumstances the court may strike the entire pleading while granting leave to replead

Dismissing FDCPA claims because plaintiff did not specifically allege any activities prohibited by a section of the FDCPA

Dismissing a 108 page, 385 paragraph complaint for violating Rule 8 based on its finding that "the complaint [was] excessively long-winded and redundant"

Rejecting summary judgment predicated, in part, on plaintiff's status as a director and his receipt of storm warnings in that capacity

Noting that a defendant wishing to raise insufficiency of process must do so in his "first defensive move, be it a Rule 12 motion or a responsive pleading."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"