The only change to this rule lengthens the 20-day period to file a motion to strike to 21 days. Before filing a motion other than a motion for a temporary restraining order or a motion under Fed.1. The Plaintiff's Motion to Strike Hennepin County's Pleadings as. Untimely. With the motion, the plaintiff must file an affidavit proving the amount of damages suffered and requested in the complaint. This case comes to us on a motion to dismiss for failure to state a claim. At this initial stage, we take the facts in the complaint as true. Orono's Motion to Strike and Ensuing Hearing on Both Parties' Motions. 25. On November 3, 2023, Orono filed a motion to strike the three reply. Plaintiff commenced this action in the Hennepin County District Court July 25, 1965. While the Court certainly could exercise its discretion and strike this untimely filing, it will not do so in this instance.