Klages v. Cohen

INCH, District Judge.

Plaintiff moves for an order, purportedly under Rule 12(h) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, “and other pertinent rules and decisions”, striking from the answer of defendants, except Nalven, the pleaded defenses of the statutes of limitation.

Under Rule 12(b), the inclusion in the answer of a defense that the Statute of Limitations bars the action is proper. Upon motion under Rule 12(f), “the court may order any redundant, immaterial, impertinent, or scandalous matter stricken from any pleading”. It is apparent that plaintiff does…