United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
STEPHEN R. CLARK UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendants' Motion to
Strike . The Court grants, in part, and denies, in part
Nancy Woods was employed with The Circuit Attorney's
Office of the City of St. Louis from 1989 until January 2018,
when she was terminated. Woods is a Caucasian female that is
over 64 years of age. Woods alleges she was wrongfully
terminated due to race and age discrimination. On May 22,
2019, Woods filed this suit against The Circuit
Attorney's Office of the City of St. Louis and four
African-American defendants. Defendants now move this Court
to strike Paragraphs 15 and 18 of the Complaint in their
entirety. Defendants argue that the allegations contained in
Paragraphs 15 and 18 of Plaintiff's Complaint have no
bearing on the issues of the alleged wrongful termination of
to Fed.R.Civ.P. Rule 12(f), a party may move to strike from
any pleading “any redundant, immaterial, impertinent,
or scandalous matter.” Although motions to strike are
generally disfavored, “allegations may be stricken if
they have no real bearing on the case, will likely prejudice
the movant, or where they have criminal overtones.”
Kay v. Sunbeam Prods., Inc., No. 2:09-cv-4065-NKL,
2009 WL 1664624, at *1 (W.D. Mo. June 15, 2009).
seek to strike Paragraph 15 from the Compliant for the
reasons set forth below.
15. A St. Louis Post Dispatch article reported that
current and former staffers criticized Gardner for allowing
Maurice Foxworth to influence her personnel decisions (and
weigh in on plea and sentencing negotiations) when
Foxworth's license to practice law had been suspended.
Foxworth, like the Defendants, is African American.
argue that Paragraph 15 does not contain any allegation that
Mr. Foxworth participated in any way in any employment
decision regarding Plaintiff. Defendants further allege that
the allegations in Paragraph 15 are double hearsay from
unnamed, let alone unconfirmed, sources supposedly reported
in the St. Louis Post Dispatch. Doc. 15 ¶ 5. The Court
disagrees. While Woods does not specifically allege that Mr.
Foxworth participated in the decision of her termination, the
Court still finds that Mr. Foxworth's influence over
personnel decisions may be relevant to Woods' wrongful
Defendants argue that Woods' allegation that Mr.
Foxworth's license to practice law was suspended is
completely immaterial, impertinent and scandalous.
Id. The Court agrees. The status of Mr.
Foxworth's law license has no real bearing or connection
to Wood's wrongful termination claims. The Court also
agrees that that Mr. Foxworth's alleged participation in
plea and sentencing negotiations have no connection to
Wood's termination. The Court hereby strikes only the
following language from Paragraph 15: “(and weigh in on
plea and sentencing negotiations) when Foxworth's license
to practice law had been suspended.”