Motions to amend pleadings are usually not the hottest of topics in complex litigation. Often the court has permitted an extended period of amendment without leave, so it’s not particularly controversial when a party adds some claims or defenses. But when the amendment is outside the permitted period and/or late in the case the standard for amendment rises. That’s when the old adage that it’s when a pig gets stuck that it starts squealing rings true.
Motions to dismiss insufficient defenses “or any redundant, immaterial, impertinent, or scandalous matter” are in practice a pretty rare bird, and orders resolving them even more so. So while there is not, regrettably, anything “scandalous” being dealt with in this recent order, it does at least take neglected Rule 12(f) out for a spin.