Case 1:19-cv-10474-NRB Document 12 Filed 12/23/19 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-X
MARIA FARMER,

Plaintiff,

against

## ORDER

19 Civ. 10474 (NRB)

DARREN K. INDYKE and RICHARD D. KAHN,

Defendants.
-X

## NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE

Non-party Alan Dershowitz ("Dershowitz") seeks permission to file a motion for limited intervention in order to move to strike the following allegation from plaintiff's complaint: "Among the guests that came to the mansion, Maria observed Alan Dershowitz, a lawyer, on a number of occasions, and observed that he would go upstairs at the same time the young girls were there." ECF No. 1 <]I 39. In the alternative, Dershowitz requests that the Court strike the allegation sua sponte.

Having considered the several letters on this issue, see ECF

Nos. 9-11, the Court exercises its authority, pursuant to Federal Rule of Civil Procedure Rule 12 ( f) ( 1) , to strike sua sponte the aforementioned language. See Fed. R. Civ. P. 12 (f) (1) (" [O]n its own," a court may "strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter."). The Court briefly addresses its reasons for doing so.

1

Case 1:19-cv-10474-NRB

Document 12

Filed 12/23/19

Page 2 of 2

First, the allegation is neither material nor directly pertinent to any claim or defense in this action. Nor does Rule 8 require plaintiff to plead credibility or to anticipate a response to a statute of limitations defense. Moreover, there already exists a forum for exploring the veracity of the allegation. See Giuffre v. Dershowitz, No. 19 Civ. 3377 (S .D.N. Y. Apr. 16, 2019), ECF No. 1-12.

In light of the foregoing, the Court denies as moot Dershowitz's request for leave to submit a motion to intervene, which was requested solely for the purpose of moving to strike the language at issue. 1

SO ORDERED.

DATED: New York, New York
December 23, 2019

<signature>
NAOMI REICE BUCHWALD
UNITED STATES DISTRICT JUDGE

1 This ruling is limited to the pleading issue presented, rather than any

potential evidentiary issue.

2
documents/doj-6d50f34220750b6e.pdf
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