United States District Court, S.D. New York
August 30, 2005.
XROADS SOLUTIONS GROUP, LLC, Plaintiff,
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
The motion to strike is denied.
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