Rule 12(f) of the Federal Rules of Civil Procedure provides that a court “may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” Notwithstanding Rule 12(f)’s language, the U.S. Court of Appeals for the Second Circuit has cautioned that “courts should not tamper with the pleadings unless there is a strong reason for doing so,” and has denied motions to strike pursuant to Rule 12(f) based on assertions that the allegations are “impertinent” or “immaterial”. Lipsky v. Commonwealth United, 551 F.2d 887, 893 (2d Cir. 1976).

The Second Circuit also has cautioned that questions of relevancy and admissibility generally “should especially be avoided” at the pleadings stage. Applying the foregoing principles, courts in this circuit nevertheless have granted motions to strike when a party has demonstrated that evidence in support of the allegations could not possibly be admissible at trial.

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