13 Cited authorities

Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,899 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Fantasy, Inc. v. Fogerty
984 F.2d 1524 (9th Cir. 1993) Cited 1,387 times 1 Legal Analyses
Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
Talbot v. Robert Matthews Distributing Co.
961 F.2d 654 (7th Cir. 1992) Cited 446 times
Holding that the NLRA preempts a RICO claim when "the underlying conduct of the plaintiffs' RICO claim is wrongful only by virtue of the labor laws"
Williams v. Jader Fuel Co., Inc.
944 F.2d 1388 (7th Cir. 1991) Cited 368 times
Recognizing this practice but leaving its propriety unaddressed before jumping to the merits
United States v. 416.81 Acres of Land
514 F.2d 627 (7th Cir. 1975) Cited 173 times
Analyzing a Rule 12(f) motion by "accepting as true the factual underpinnings of the [non-movant's] objections" to the motion
Nwachukwu v. Karl
216 F.R.D. 176 (D.D.C. 2003) Cited 20 times
Denying the plaintiff's request to strike an answer and portions thereof under Fed. R. Civ. P. 12(f) and rejecting a request to strike an answer based on "misconduct on the part of the defendant"
Zwebner v. John Does Anonymous Foundation, Inc.
No. CV-00-1322-HU (D. Or. Feb. 28, 2001)
No. CV-00-1322-HU February 28, 2001 Renee E. Rothauge BULLIVANT HOUSER BAILEY Portland, Oregon Attorney for Plaintiff. George P. Fisher GEORGE P. FISHER, ATTORNEY AT LAW Portland, Oregon Attorney for Defendant John Does Anonymous Foundation, Inc. OPINION ORDER DENNIS JAMES HUBEL, Magistrate Judge: Plaintiff Michael Zwebner brings this tort action against defendants John Does Anonymous Foundation, Inc. (JDAF), and Does 1 through 100. Plaintiff alleges that the JDAF, which operates and maintains an
Temperato v. Rainbolt
22 F.R.D. 57 (E.D. Ill. 1958) Cited 6 times
Action to recover damages for breach of contract and to enjoin unfair trade practices. On motions to strike answer and demand for jury trial, the District Court, Juergens, J., held that because of gross violation of rules of pleading, Federal Rules of Civil Procedure, rules 8 and subd. (c), 9(c), 28 U.S.C.A., entire complaint should be stricken in the interest of justice, but that defendant was entitled to jury trial of legal issues raised by count of complaint seeking damages for breach of contract
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 358,269 times 949 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 162,307 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 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 113,947 times 200 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,886 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
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,856 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Voltage Pictures, LLC v. Does

13 Cited authorities

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

Holding that the NLRA preempts a RICO claim when "the underlying conduct of the plaintiffs' RICO claim is wrongful only by virtue of the labor laws"

Recognizing this practice but leaving its propriety unaddressed before jumping to the merits

Analyzing a Rule 12(f) motion by "accepting as true the factual underpinnings of the [non-movant's] objections" to the motion

Denying the plaintiff's request to strike an answer and portions thereof under Fed. R. Civ. P. 12(f) and rejecting a request to strike an answer based on "misconduct on the part of the defendant"

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. . . ."

Holding that such dismissal "operates as an adjudication on the merits"

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

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure