12(b)(6) Request Styled as Affirmative Defense Stricken

The court partially granted plaintiff’s motion to strike defendant’s affirmative defenses as conclusory and failing to give plaintiff fair notice of the nature of the defense and the grounds on which it rests. “As an example, the first affirmative defense argues that Plaintiff’s claims ‘fail to state causes of action upon which relief may be granted.’ This defense is insufficient because it is nothing more than a recitation of the standard for dismissal under Rule 12(b)(6) and ‘fails to notify Plaintiff of the deficiencies in the Complaint.’ If Defendant indeed wished to attack the factual allegations contained in the Complaint or the relief Plaintiff seeks in this matter, nothing prevented it from filing a Motion to Dismiss pursuant to Rule 12(b)(6). Its failure to do so cannot be saved by including the Rule 12(b)(6) standard in its Answer to the Complaint, and so the affirmative defense must be struck.”

Amerikooler, LLC f/k/a Amerikooler, Inc. v. Americooler, Inc., 1-17-cv-24420 (FLSD 2018-04-11, Order) (Edwin G. Torres)

2018-04-13T12:09:02+00:00April 13th, 2018|Docket Report, Trademark|