Stanan, Inc. v. Mt. Hawley Insurance Company

Background

Stanan, Inc. filed a motion under Federal Rule of Civil Procedure 12(f), which allows a court to remove an insufficient defense or other improper material from a pleading. The motion challenged affirmative defenses numbered 3 through 23 in the answer filed by Mt. Hawley Insurance Company and Renaissance Re Syndicate 1458 Lloyd’s.

Stanan argued that the defenses were conclusory, lacked supporting facts or specificity, and did not give Stanan adequate notice of what it needed to defend against. Stanan requested that the defenses be stricken with prejudice and sought attorney’s fees and costs.

Ruling

The court denied Stanan’s motion to strike, stating that it did so for substantially the reasons given in the defendants’ papers. The court did not strike the challenged affirmative defenses and did not award the requested fees or costs.

The denial was without prejudice to renewal if the presence or absence of the defenses affects discovery or another proceeding. The court also noted its practice of not providing pleadings to a jury if the case reaches trial. The Clerk of Court was directed to close the motion at Docket 24.

Scope of the Decision

The order resolved Stanan’s motion concerning the affirmative defenses. It did not decide the parties’ underlying insurance claims. The excerpt provides only a brief explanation of the court’s reasoning and does not identify the substance of each challenged defense or detail the arguments in the defendants’ papers.