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Keywords

damagesstatutepleamotionstatute of limitationscivil procedure
pleamotionwillcivil procedure

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Vurimindi v. Fuqua School of Business, Not Reported in F.Supp.2d, 2011 WL 3803668

Facts

Vamsidhar Reddy Vurimindi filed a Motion to Strike the affirmative defenses asserted by Duke University in response to his Third Amended Complaint, which included a claim for intrusion upon seclusion. Vurimindi alleged that Duke invaded his privacy by monitoring his activities. Duke's Answer included multiple affirmative defenses, including failure to mitigate damages and statute of limitations. The court was tasked with determining whether to strike these defenses under Federal Rule of Civil Procedure 12(f).

Mr. Vurimindi claims that Duke failed to provide any factual basis for its affirmative defenses and therefore asks this Court to strike them under Federal Rule of Civil Procedure 12(f).

Issue

Whether Duke's affirmative defenses should be struck for lack of factual basis under the Twombly/Iqbal plausibility standard.

Whether Duke's affirmative defenses should be stricken for lack of factual basis under the Twombly/Iqbal plausibility standard.

Rule

Under Federal Rule of Civil Procedure 12(f), a court may strike any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. Striking a pleading is a drastic remedy and is only appropriate when the grounds for striking are readily apparent from the face of the pleadings. The majority view in the Third Circuit holds that affirmative defenses must meet a 'fair notice' standard, which does not require detailed factual allegations.

Under Rule 12(f) of the Federal Rules of Civil Procedure, 'the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent or scandalous matter.'

Analysis

The court analyzed whether Duke's affirmative defenses provided sufficient notice to Vurimindi. It noted that while some district courts apply the Twombly/Iqbal standard to affirmative defenses, the majority in the Third Circuit do not. The court found that Duke's defenses met the 'fair notice' standard, as they provided enough information for Vurimindi to understand the issues raised. The court also considered the statute of limitations defense and determined that it was not readily apparent that it was insufficient.

Because the 'fair notice' standard does not require the pleading of the panoply of factual allegations in support of affirmative defenses, the Court will deny Mr. Vurimindi's motion with respect to the remaining affirmative defenses asserted by Duke.

Conclusion

The court denied Vurimindi's Motion to Strike Duke's affirmative defenses, except for the redundant defense regarding public disclosure of private facts, which was struck as it had already been addressed.

The Court will deny Mr. Vurimindi's Motion to Strike, except as to the redundant defense contained in paragraph 259 of Duke's Answer.

Who won?

Duke University prevailed in the motion to strike, as the court found that the majority of its affirmative defenses met the 'fair notice' standard required under the Third Circuit's interpretation of Rule 12(f). The court emphasized that striking a pleading is a drastic remedy and that Duke's defenses were relevant to the case, allowing them to remain in the proceedings.

Duke asserts that Mr. Vurimindi's claim, insofar as it relates to public disclosure of private facts, is 'barred as a matter of law.'

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