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No Sanctions for Meritless Motion to Strike

The pro se plaintiff should not be sanctioned for filing a meritless motion to strike. The motion was obviously modeled after a sample Rule 12(f) motion and appeared to be a misguided attempt to respond to the defendants' answers in the appropriate legal fashion. Plaintiff has not filed numerous prior frivolous motions. See: Ali v. New York City Transit Authority, 176 F.R.D. 68 (E.D.N.Y. 1997).

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Related legal case

Ali v. New York City Transit Authority