At the Miami Law Class Action & Complex Litigation Forum, Judge Rodolfo A. Ruiz II voiced his strong aversion to Rule 12 motions to strike, particularly in the context of class actions where no discovery has occurred. He argued that striking a class action complaint at that stage is premature and undermines the determination of the class action's viability. Judge Roy K. Altman supported Ruiz's perspective, noting that he rarely grants such motions. This discussion highlighted the reluctance of judges to dismiss class action complaints without a full exploration of the case.
If I had to rank motions I dislike the most, Rule 12, that motion to strike has got to be up there.
We shouldn't be striking a class action complaint at this stage, with no discovery and without determining whether the viability of the class action can develop.
I don't think I've ever granted one.
Judge Rodolfo A. Ruiz II explained to a room of attorneys the exact kind of motions that piss him off.
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