Walker moved pursuant to Federal Rule of Civil Procedure 12(f) to strike the affirmative defenses raised by LVNV, arguing that the Iqbal/Twombley pleading standards apply to affirmative defenses. Finding no controlling case law, the court rejected this relying on Liles v. Wyman (E.D.N.C. 2019) as motions to strike " are generally viewed with disfavor because striking a portion of a pleading is a drastic remedy".
These decisions have proceeded in parallel matters, first the bankruptcy case of Wireless Solutions and then the lawsuit brought in federal district court individually by Mr. and Mrs. Gross, the owners of Wireless Solutions, against Smartsky Networks.
Bankruptcy Court denied Brunswick Health & Rehab Center, LLC's application for the allowance of post-petition expenses as an administrative expense under 11 U.S.C. § 503. Brunswick sought to classify approximately $39,821 in expenses related to the ongoing care of debtor Sue P. Rogers as necessary costs to preserve the estate, asserting these costs support her ability to fund her Chapter 13 bankruptcy plan through her social security income.
