UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

ROBERT HOLLAND )

)

Plaintiff, )

)

v. ) Civil Case No. 2:13-CV-00491-RL-JEM

)

CEREBERUS CAPITAL )

MANAGEMENT, L.P., et al., )

)

Defendants. )

CERBERUS DEFENDANTS’ RESPONSE IN OPPOSITION TO PLAINTIFF’S

MOTION TO CORRECT ERRORS AND SET ASIDE DE #88

Cerberus Capital Management, LP, Robert Nardelli, and Stephen Feinberg

(“Cerberus Defendants”), by and through their counsel, submit the following

response in opposition to Plaintiff’s Motion to Correct Errors and Set Aside DE #88:

1. On September 15, 2014, the Court issued an Order granting Cerberus

Defendants’ Motion to Strike Plaintiff’s Notice to the Court of Chrysler Ignition

Switch Recall and RICO Case Statement, as to the Plaintiff’s Notice to the Court of

Chrysler Ignition Switch Recall. (Dkt No. 88; “Order”). 2. On September 26, 2014, Plaintiff filed a Motion to Correct Errors and

Set Aside DE #88 the Order Striking DE #77 Notice to the Court of Chrysler

Ignition Switch Recall (Dkt. No. 92; “Motion”).

3. In part, Plaintiff relies on Federal Rules of Civil Procedure 59 and 60

in his Motion.

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4. Neither Rule 59 nor Rule 60 provides a basis for the relief requested by

Plaintiff. As its title suggests, Rule 59 deals with motions for a new trial or for the

alteration or amendment of a judgment. The Court’s Order was not the result of a

trial and is not a judgment. Rule 60 does provide for relief from a Court Order.

However, none of the bases on which such relief may be awarded under that Rule

are presented by Plaintiff in his Motion. See Fed. R. Civ. P. 60(b). While Rule

60(b)(6) does provide that relief may be granted for “any other reason that justifies

relief”, Plaintiff’s Motion does not present a rationale or argument that justifies the

relief requested pursuant to Rule 60(b)(6).

5. Plaintiff acknowledges in his Motion that rulings on motions to strike

under Federal Rule of Civil Procedure 12(f) are left to the Court’s discretion.

Motion, pp. 2-3; Delta Consulting Group, Inc. v. R. Randle Constr., Inc., 554 F.3d

1133, 1141 (7th Cir. 2009) (the Court “has considerable discretion in striking any

redundant, immaterial, impertinent or scandalous matter” (citing Talbot v. Robert

Matthews Distrib. Co., 961 F.2d 654, 665 (7th Cir. 1992)); Bonner v. Burnham, 2014

U.S. Dist. LEXIS 108531 *13 (N.D. Ill. Aug. 7, 2014) (“District courts have

considerable discretion under Rule 12(f).” (citing Delta, 554 F.3d at 1141-42));

Zabielski-Schroeder v. Menard, Inc., 2014 U.S. Dist. LEXIS 91457 *8 (N.D. Ind.

July 7, 2014). However, Plaintiff makes no argument, and makes no effort to argue,

as to how the Court abused its discretion by issuing its Order.

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For the reasons set forth above, Cerberus Defendants respectfully request

that the Court deny Plaintiff’s Motion to Correct Errors and Set Aside DE #88, and

grant such further relief as the Court deems appropriate. Respectfully submitted,

s/ Mark D. Stuaan

Jason R. Barclay

Mark D. Stuaan

BARNES & THORNBURG LLP

11 South Meridian Street

Indianapolis, Indiana 46204

Telephone: 317/236-1313

Facsimile: 317/231-7433

E-Mail: jason.barclay@btlaw.com

E-Mail: mark.stuaan@btlaw.com

Howard O. Godnick (pro hac vice)

Joshua R. Schonauer (pro hac vice)

SCHULTE ROTH & ZABEL LLP

919 Third Avenue

New York, NY 10022

Tel. (212) 756-2000

Fax (212) 593-5955

Email: howard.godnick@srz.com

Email: joshua.schonauer@srz.com

Attorneys for Defendants Cerberus Capital

Management, L.P., Stephen Feinberg and

Robert Nardelli

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CERTIFICATE OF SERVICE

I hereby certify that on the 29th day of September, 2014, a copy of the

foregoing was filed electronically and has been served on all counsel of record by the

Court’s ECF filing system.

Additionally, a copy of the foregoing was sent to the following pro se Plaintiff

by depositing the same in the United States mail, first class, postage prepaid:

Robert Holland

1120 Baker Street

Gary, IN 46404

s/ Mark D. Stuaan

Mark D. Stuaan

INDS01 1477475v1

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