Order | Filed: October 09, 2026
| Entered: October 09, 2026
BLU Products Inc. v. Excess Telecom, Inc. et al
Contract: Other | Florida Southern
Order on Motion for Extension of Time to File Response/Reply/Answer
PAPERLESS ORDER DENYING the 63 Motion to File out of Time Motion to Strike (the “Motion”). On September 10, 2026, the Defendants filed their Answer and Counterclaim 61 . On September 25, 2026, the Plaintiff filed its Motion to Dismiss Counter Claims (the “MTD”) 62 under Rule 12(b)(6). The Plaintiff now asks “to move to strike certain of Defendants’ Affirmative Defenses” under Rule 12(f)(2). Motion at 1. In other words, the Plaintiff wants to file a second Rule 12 motion. That’s not right.
Under Federal Rule of Civil Procedure 12(g)(2), “a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.” Fed. R. Civ. P. 12(g)(2). Because the Plaintiff has already filed a motion under Rule 12(b)(6), see MTD, it cannot now file second Rule 12 motion. See Persivia, Inc. v. Sanitas USA, Inc., 2025 WL 3628138, at *2 (S.D. Fla. Dec. 15, 2025) (Ruiz, J.) (“Here, Defendant previously filed an MTD, pursuant to Rule 12(b)(6). Thus, Defendant’s Rule 12(f) Motion is a successive motion, which is barred under Rule 12(g).”); Ardagh Metal Packaging USA Corp. v. Vital Pharms., Inc., 2022 WL 3681922, at *1 (S.D. Fla. July 25, 2022) (Cooke, J.) (denying motion to strike because the defendant previously filed a motion to dismiss and thus “cannot make another motion under [Rule 12].”); Chen v. Cayman Arts, Inc., 2011 WL 1085646, at * 2 (S.D. Fla. Mar. 21, 2011) (Cohn, J.) (“The Third-Party Defendants contend that Rule 12(g) only limits their 12(b) arguments, and not their Rule 10, 12(e), or 12(f) arguments. Under the plain language of Rule 12(g), the limitation on further motions applies to ‘a motion under this rule.’ The rule does not distinguish between sub-parts of Rule 12[.]” (cleaned up) (quoting Fed. R. Civ. P. 12(g)(2))).
Signed by Judge Roy K. Altman on 10/9/2026. (skl)