Fla RCP 1.140(b)

What is the name of your state? Florida

Under Florida RCP 1.140(b) am I correct in understanding that a plaintiff has 20 days after being served with an answer and defenses to file a motion to strike defendants affirmative defenses?

FLA RCP 1.140(f) seems to contradict that. I ask because I filed answers and affirmative defenses in January and now 75 days later the plaintif filed a motion to strike. No other pleadings in the matter have been filed since my answer.

Under Florida RCP 1.140(b) am I correct in understanding that a plaintiff has 20 days after being served with an answer and defenses to file a motion to strike defendants affirmative defenses?

No. Not unless the motion to strike is for failure to state a legal defense, and that’s not consistent with your post. You know what they’re trying to strike and the grounds; we don’t.

. . . If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for relief at the trial, except that the objection of failure to state a legal defense in an answer or reply shall be asserted by motion to strike the defense within 20 days after service of the answer or reply.

A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.

I figured as much. They shouldn't be trying to strike anything; however they want all defenses stricken as immaterial due to failure to allege ultimate facts pursuant to 1.140(f)

They filed complaint on breach of contract and unjust enrichment without attaching anything to the complaint per FL RCP 1.130 so no cause of action, also other defenses include time barred by SOL, failure of consideration, lack of privity, failure of consideration, failure to allege valid assignment, accord and satisfaction, did not comply with F.S. 559.715 as it pertains to assignment. They may not like some of my defense but that does not mean that they are redundant, immaterial, impertinent or scandalous. Well some may be redunant.

The burden is on them. The following are federal cites and I do not know if they are applicable.

A party seeking to strike an affirmative defense must demonstrate "that the allegations being challenged are so unrelated to the plaintiff's claims as to be unworthy of any consideration as a defense and that the moving party is prejudiced by the presence of the allegations in the pleading." FTC v. Commonwealth Marketing, 72 F.Supp.2d 530, 545 (W.D.Pa. 1999)

A matter should not be stricken from a pleading "unless it is clear that it can have no
possible bearing upon the subject matter of the litigation." North Carolina Shellfish Growers v.Holly Ridge Associates, 200 F.Supp.2d 551 (E.D.N.C. 2001).

“Failure to allege valid assignment”? The plaintiff is an assignee?

You’re not required to allege ultimate facts in your Affirmative Defenses and, if they’re an assignee, they can’t in the Complaint. They could have no direct knowledge; everything is alleged on information and belief (or should be).

And yes, it appears that you threw the kitchen sink back at them.

I’m not FL and think you folks have funny, bare-bones ‘ol RCP, but I hope you don’t have to worry about the citations that you’ve pulled from all over the map and that the court will put a stop to this nonsense and move you along. Which brings up the more important question of why there haven’t been any other pleadings since your Answer? Ever hear of discovery? You’re the defendant. How are you going to stop them down the road, when things get serious, if you don’t start? Are you just waiting for a motion that the court might think does have some merit? (Those are rhetorical questions. I’m not looking for answers, but you might think about them.)