05/19/2011 – Defendant’s Motion to Dismiss filed in the Sunset Aviation, Inc. Adversary Proceedings by Bay Jet LLC before Judge Walsh in the District of Delaware. With one exception, this is a motion very similar to that filed in 14 other proceedings seeking to dismiss the complaint under 12(b)(6). This defendant also adds a 12(f) motion to strike stating:

Pursuant to Rule 12(f), “[t]he court may strike from a pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Motions to strike serve “to clean up the pleadings, streamline litigation, and avoid unnecessary forays into immaterial matters.” McInerney v. Moyer Lumber & Hardware, Inc., 244 F. Supp. 2d 393, 402 (E.D. Pa. 2002); see also Sepracor Inc. v. Dey, L.P., 2008 WL 4377570, at *2 (D. Del. Sept. 26, 2008). Although motions to strike are often disfavored, the Trustee’s effort to turn what ought to be a small preference claim into a much larger claim is based solely on a misapplication of applicable law. Correcting that legal problem is exactly the kind of “clean[ing] up the pleadings [and] streamlin[ing] litigation” that is appropriate for the Court to perform at this stage.