Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

XROADS SOLUTIONS GROUP, LLC v. MAIB

United States District Court, S.D. New York


August 30, 2005.

XROADS SOLUTIONS GROUP, LLC, Plaintiff,
v.
KEITH A. MAIB, Defendant.

The opinion of the court was delivered by: JOHN KOELTL, District Judge

MEMORANDUM OPINION AND ORDER

The defendant moves to dismiss various allegations from the complaint prior to answering pursuant to Fed.R.Civ.P. 12(f) on the grounds that the allegations contain "redundant, immaterial, impertinent, or scandalous matter." The allegations relate primarily to the plaintiff's reliance on restrictive covenants that the defendant alleges are invalid under California law which the defendant alleges applies in this case. The motion raises issues of fact and law that are not appropriately addressed in a motion to strike but should be addressed in a motion to dismiss or for summary judgment. It cannot be determined on the face of the complaint that the allegations are so "redundant, immaterial, impertinent, or scandalous" that they should be stricken. See, e.g., County Vanlines Inc. v. Experian Information Solutions, Inc., 205 F.R.D. 148, 152-53 (S.D.N.Y. 2002).

The motion to strike is denied.

  SO ORDERED.

20050830

© 1992-2005 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.