U.S. District Judge Evan Rikhye has denied the U.S. Virgin Islands Attorney General’s bid to strike the Department of Justice’s request for a preliminary injunction in the federal lawsuit over the territory’s gun laws, according to an order quoted in the source article.
Judge: Rule 12(f) doesn’t reach motions
The order, as quoted, states the defense moved to strike the DOJ’s second preliminary-injunction motion under Federal Rule of Civil Procedure 12(f). Judge Rikhye wrote that Rule 12(f) applies to “pleadings,” not motions, explaining that “‘pleadings’ as defined in Rule 7(a) are distinct from ‘motions,’ which are governed by Fed. R. Civ. P. 7(b). Plaintiff’s filing at ECF No. 64, which Defendant seeks to strike, is a motion for a preliminary injunction.”
The quoted passage reads in part: “The Defendant invokes Fed. R. Civ. P. 12(f) in an effort to strike Plaintiff’s Second Motion for Preliminary Injunction. Rule 12(f) provides, in relevant part, that: ‘The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.’ … the Court finds that it need not reach the merits of Defendant’s claims in its Motion to Strike because the term ‘pleading’ under Rule 12(f) is strictly defined by Fed. R. Civ. P. 7(a).”
Late brief draws a warning
Judge Rikhye also criticized missed deadlines tied to a briefing on a newly enacted Virgin Islands statute, the “2026 Second Amendment Rights and Public Safety Act.” According to the order excerpt, “Defendant failed to timely file that brief, yet somehow managed to file its Motion to Strike that same day. The following day, Defendant filed its brief one day late, without first seeking leave of Court. Only after submitting the untimely brief did Defendant retroactively seek leave for the late filing. The Court will address this procedural noncompliance under separate order.”
He cautioned: “The Court cautions Defendant that the people of the Virgin Islands would be far better served by the Office of the Virgin Islands Attorney General if counsel for that office focused attention upon the basic task of adhering to court-ordered deadlines, rather than filing extraneous motions that misapprehend the federal rules of civil procedure.”
Where the case stands
The source article reports that oral arguments were scheduled on the territory’s motion to dismiss the DOJ lawsuit as moot following a legislative overhaul of Virgin Islands gun laws earlier this summer. The article also says DOJ amended its complaint to challenge new prohibitions on “assault weapons” and large-capacity magazines. It further claims the Third Circuit has already struck down New Jersey’s bans on those items and quotes from a July 30 filing asserting the defendants have not “repudiated or changed their conduct” toward affected licensees.
