1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

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4 Any Attorney or Party

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UNITED STATES DISTRICT COURT
9 ________ DISTRICT OF _____________

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11 Any Plaintiff, ) Case No.

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12 Plaintiff, )
NOTICE OF MOTION AND MOTION TO STRIKE
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ALL AFFIRMATIVE DEFENSES CONTAINED IN
13 vs. )
THE ANSWER OF DEFENDANT _________ TO
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COMPLAINT; MEMORANDUM OF POINTS AND
14 Any Defendant, and DOES 1-5 )
AUTHORITIES
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Defendants. )
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) DATE:
) TIME:
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) PLACE
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To subscribe to my FREE weekly legal newsletter visit
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21 http://www.legaldocspro.net/newsletter.htm and enter your e-mail

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address. Be sure to remove this notice and all other notices before
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using this document.
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26 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the

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above-entitled Court located at ___________________________, Plaintiff ______will move this
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NOTICE OF MOTION AND MOTION TO STRIKE AFFIRMATIVE DEFENSES IN ANSWER
 1 Court for an Order striking ALL of the affirmative defenses contained in the Answer filed by
2 Defendant _____________ (Defendant)
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This Motion will be made pursuant to Federal Rule of Civil Procedure 12(f) on the grounds
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that ALL of the affirmative Defenses listed in the answer filed by Defendant assert only affirmative
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defenses that are both insufficient to state a valid defense and are wholly irrelevant to the causes of

7 action alleged in the complaint, thus they constitute immaterial allegations which should be stricken.

8 This motion shall be based upon this Notice, the attached Memorandum of Points and
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Authorities, the complete files and records of this action, and such other and further oral and
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documentary evidence as may be presented at the hearing on this Motion.
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Dated_________________________ _______________________________________
13 Any Attorney or Party

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NOTICE OF MOTION AND MOTION TO STRIKE AFFIRMATIVE DEFENSES IN ANSWER
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff filed their complaint against Defendants on _____________ with causes of action for
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______________________________________. See complaint on file.

7 Defendant filed an answer that contains ____affirmative defenses with allegations that are not

8 only insufficient to state a valid defense, and are wholly irrelevant to the causes of action alleged in
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the complaint, and thus constitute immaterial allegations.
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The first affirmative defense alleges ______, yet this defense not only fails to state enough
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facts to constitute a sufficient defense, is not even remotely relevant to any of the causes of action
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13 contained in the complaint. The other affirmative defenses like the first, consist entirely of

14 allegations that are wholly insufficient and irrelevant to the causes of action alleged in the complaint,
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and thus constitute immaterial allegations which should be stricken. See Defendants answer on file.
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NOTICE OF MOTION AND MOTION TO STRIKE AFFIRMATIVE DEFENSES IN ANSWER