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Motions to Strike Strongly Disfavored.

Motions to strike are strongly disfavored. Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006) (Easterbrook, J., in chambers). For example, if a party believes that the other side's brief contains inaccurate facts or that the other side's Local Rule 56.1 statement (in summary-judgment briefing) contains an unsupported assertion, then the complaining party should so argue in the response or reply brief, or in the responsive 56.1 statement. Motions to strike almost always would require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and would multiply the briefs (because the other side should be allowed to respond). Id. at 727. Only on very rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 statement is defective. When it is appropriate, the motion must be made very promptly after the filing of the purportedly-offending brief or statement.



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