Mark Donelson v. Ameriprise Financial Services, Inc., et al.
Arbitration Securities Patent Privacy ClassAction JusticiabilityDoctri
Whether class allegations can be struck under FRCP 12(f)
QUESTIONS PRESENTED Federal Rule of Civil Procedure 12(f) authorizes a federal court to “strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” A court may do so on its own, or based on a motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading. In the decision below the Eighth Circuit used Rule 12(f) to strike Plaintiffs allegations supporting his claim that the case should proceed as a class action. The questions presented are: 1. May allegations made in support of the claim that a case should proceed as a class action be struck from a pleading pursuant to Federal Rule of Civil Procedure 12(f), which permits striking any “redundant, immaterial, impertinent, or scandalous matter”? 2. Ifso, what standards govern whether to strike such allegations?