Motions to Strike
Motions to strike filings
are disfavored. See generally Custom Vehicles,
Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006). Such
motions most often serve primarily as vehicles for parties to expand the page
limits for memoranda in support of their motions. Motions to strike filings
almost always require the Court to decide significant issues (and, indeed, the
underlying motion) on the merits and multiply the briefs (because the other
side should be allowed to respond). Id. at
727.
The Court is capable of
discerning if a reply brief raises a new argument, or if a litigant has failed
to comply with the requirements of Local Rule 56.1 (governing summary
judgment). Such errors do not require supplemental motion practice.
If a party believes that
the other side’s brief contains inaccurate facts or that the other side’s Local
Rule 56.1 statement contains an unsupported assertion, then the complaining
party should make that argument in the response or reply brief, or in the
responsive 56.1 statement.
Motions to strike that
are not within the limited boundaries established by Fed. R. Civ. P. 12(f) may
be summarily denied.
|