Baring Industries, Inc. v. Rosen
- Analisa Torres
- 1:24-cv-05606
- U.S. District Court · Southern District of New York
- 1
In Baring Industries v. Rosen, Judge Torres granted Baring Industries leave to move to strike the defendants’ affirmative defenses and set briefing deadlines.
Baring Industries, Inc., Jared Rosen, and Michael J. Noonan; the order allows Baring Industries to file a motion and sets deadlines but does not decide the affirmative defenses.
What happened
Baring Industries, Inc. asked for permission to file a motion challenging Jared Rosen’s and Michael J. Noonan’s affirmative defenses.
The court explained that motions to strike are generally disfavored and usually require a strong reason. It nevertheless allowed Baring Industries to file the motion if it still wanted to do so.
Judge Analisa Torres granted the request for permission and set deadlines for the motion, the defendants’ response, and any reply. The court did not decide the motion to strike itself.
The detailed version
- Baring Industries, Inc. v. Rosen · No. 1:24-cv-05606
- Analisa Torres
- June 23, 2025
Background
The Court reviewed letters from the parties dated June 12 and June 19, 2025. Baring Industries sought permission to file a motion to strike Jared Rosen’s and Michael J. Noonan’s affirmative defenses. A motion to strike asks the court to remove material from a pleading.
Court’s Analysis
The Court advised Baring Industries that motions to strike are generally disfavored and are granted only for a strong reason. The Court also cited authority stating that a defense based on failure to state a claim generally cannot be challenged through a motion to strike and that defendants may receive a more flexible plausibility standard when the supporting facts are not readily available to them.
Despite those points, the Court allowed Baring Industries to file the proposed motion if it still wished to do so. The Court did not rule on the merits of any motion to strike or decide whether any affirmative defense should be removed.
Disposition
The Court granted Baring Industries’ request for leave to file a motion to strike the defendants’ affirmative defenses. It ordered Baring Industries to file the motion by July 11, 2025; the defendants to respond by July 25, 2025; and Baring Industries to file any reply by August 1, 2025. Judge Analisa Torres signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.