Motions to Strike Strongly Disfavored
Motions to strike are strongly
disfavored. See
generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d
725, 727 (7th Cir. 2006). They serve primarily as unauthorized vehicles
for parties to expand the page limits for memoranda in support of their
motions. 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.
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.
|