United States District Court, S.D. Mississippi, Southern Division
SUE POLK, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF JERRY R. POLK, THE HEIRS OF THE ESTATE OF JERRY R. POLK, AND ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES OF JERRY R. POLK PLAINTIFF
MAURICO PERAZA, MNE FREIGHT, LLC, AND JOHN DOES 1-5 DEFENDANTS
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S
MOTION  TO STRIKE DEFENSES OF MAURICIO 
PERAZA AND MNE FREIGHT, LLC
SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE
THE COURT is Plaintiff's Motion  to Strike Defenses
of Mauricio Peraza1 and MNE Freight, LLC. Because Plaintiff
has not made a plausible showing of prejudice, the Court
finds that the Motion should be denied.
about January 24, 2018, Sue Polk, individually and as
Administratrix of the Estate of Jerry R. Polk, and on behalf
of all wrongful death beneficiaries of Jerry R. Polk
(collectively “Plaintiff” or “Polk”),
filed suit in the Circuit Court of Pearl River County,
Mississippi, against Maurico1 Peraza, MNE Freight, LLC, and
John Does 1-5 (collectively “Defendants” or
“Peraza”). State Ct. R. [1-1] at 1-4. Polk
asserted claims for wrongful death and survival against
Defendants arising out of a fatal motor vehicle crash that
occurred on January 3, 2018. Id. at 4-6.
February 21, 2018, Defendants timely removed the case to this
Court, invoking diversity jurisdiction under 28 U.S.C. §
1332 and §1441. See Notice of Removal .
Defendants filed their Answer  on February 26, 2018.
Defs.' Answer . Plaintiff has filed a Motion  to
Strike Defenses of Mauricio Peraza and MNE Freight, LLC, and
an accompanying Memorandum  in Support. Pl.'s Mot. to
Strike . Plaintiff seeks to strike Defendants'
second, sixth, tenth, eleventh, twelfth, eighteenth,
twenty-second, and twenty-third affirmative defenses,
Pl.'s Mot. to Strike , which state as follows:
Process and service of process are improper.
All claims for punitive damages are barred by federal and
state laws, the United States Constitution, the Mississippi
Constitution and the Mississippi Tort Claims Act.
Defendants specifically assert and invoke all defenses
available to them as set forth in Miss. R. Civ. R. 12(b)(1)
through 12(b)(7) for which a good faith legal and/or factual
basis exists or may exist.
Defendants plead all applicable defenses under Miss. R. Civ.
Defendants aver that Plaintiffs' claims are barred by the
applicable statue of limitations, res judicata,
collateral estoppel, laches, waiver, contributory negligence,
accord and satisfaction, failure to ...