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Civil Procedure – Motion To Strike – Pleading Required

An Alexandria U.S. District Court denies a pro se plaintiff’s motion to strike defendant’s motion to dismiss plaintiff’s suit, which alleges breach of a contract for rental of a parking space at an apartment complex.

Because defendant’s motion to dismiss is not a pleading, the court will not strike defendant’s motion from the docket pursuant to FRCP 12(f). Even though the court will not “strike” defendant’s motion to dismiss as requested by plaintiff, the court will deny defendant’s motion to dismiss the complaint as moot, in light of the fact that plaintiff’s original complaint has been superseded by the amended complaint.

Banks v. Realty Mgmt. Service Inc. (Cacheris, J.) No. 1:10cv14, Jan. 29, 2010; USDC at Alexandria, Va. VLW 010-3-054, 5 pp.

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