Motion to Strike Plaintiff’s Amended Complaint

Summary

A Motion to Strike Plaintiff's Amended Complaint dated March 10, 2022 and filed as Document 60 in Air Force Officer v. Lloyd J. Austin, III, Frank Kendall, III, and Robert I. Miller, Civil Action No. 5:22-cv-00009-TES, U.S. District Court for the Middle District of Georgia, Macon Division, with an s/ signature for Assistant United States Attorney Lance Simon. Defendants move to strike Plaintiff's Amended Complaint (ECF No. 56) under Federal Rule of Civil Procedure 12(f) because the Amended Complaint is improper under Federal Rule of Civil Procedure 15(a). They further state that leave to amend should be denied under Federal Rule of Civil Procedure 15(a)(2) because the Amended Complaint is futile.

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

AIR FORCE OFFICER,

                    Plaintiff,

v.

LLOYD J. AUSTIN, III, individually and in
his official capacity as Secretary of Defense;
FRANK KENDALL, III, individually and in
his official capacity as Secretary of the Air
Force; and ROBERT I. MILLER, individually
and in his official capacity as Surgeon
General of the Air Force,

                    Defendants.

Civil Action No. 5:22-cv-00009-TES

MOTION TO STRIKE PLAINTIFF’S AMENDED COMPLAINT

Defendants, by and through the United States Attorney for the Middle District of Georgia,
hereby move the Court to strike Plaintiff’s Amended Complaint (ECF No. 56) pursuant to Federal
Rule of Civil Procedure 12(f) because the Amended Complaint is improper under Federal Rule of
Civil Procedure 15(a).  Further, leave to amend should be denied under Federal Rule of Civil
Procedure 15(a)(2) because the Amended Complaint is futile.

This 10th day of March, 2022.
PETER D. LEARY

UNITED STATES ATTORNEY

By:
s/ Lance Simon

LANCE SIMON

ASSISTANT UNITED STATES ATTORNEY

Georgia Bar No. 447643

ROGER C. GRANTHAM, JR.

ASSISTANT UNITED STATES ATTORNEY

Georgia Bar No. 860338
Case 5:22-cv-00009-TES   Document 60   Filed 03/10/22   Page 1 of 2

United States Attorney’s Office

Middle District of Georgia

P. O. Box 1702

Macon, GA 31202

Phone: (478) 621-2663

Fax: (478) 621-2737

Email:  Lance.Simon@usdoj.gov

Roger.Grantham@usdoj.gov

Case 5:22-cv-00009-TES   Document 60   Filed 03/10/22   Page 2 of 2

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