State of NY v. Almy Bros., Inc.

MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

INTRODUCTION

Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure (“Rule 12(f)”), Third-party Plaintiff Mary A. McMahon (“McMahon”) moves to strike six of Third-party Defendant D/L Cooperative, Inc.’s (“D/ L”) fourteen affirmative defenses as legally insufficient. Briefly, McMahon challenges the following affirmative defenses: failure to state a claim (first affirmative defense); laches (second affirmative defense); inconsistency with the National Contingency Plan (“NCP”) (fifth affirmative defense); failure to mitigate…