'” Manning v. Bos. Med. Ctr. Corp., 725 F.3d 34, 59 (1st Cir. 2013)) (citing 5C Wright & Miller, Federal Practice & Procedure § 1380 (3d ed. 2011)). Rule 12(f) “is neither an authorized nor a proper way to procure the dismissal of all or a part of a complaint[.]” Bryan Corp. v. ChemWerth, Inc., 911 F.Supp.2d 103, 105 (D. Mass. 2012) (quoting 5C Wright & Miller, Federal Practice and Procedure § 1380, at 391 (3d ed. 2011)).
Rule 12(f), however, "is neither an authorized nor a proper way to procure the dismissal of all or a part of a complaint." Bryan Corp. v. ChemWerth, Inc., 911 F. Supp. 2d 103, 105 n.1 (D. Mass. 2012) (internal quotations omitted). Accordingly, the court will treat the portion of defendants' motion to dismiss that is based on Rule 12(f) as a motion to strike.
Under Massachusetts law, a misrepresentation claim requires a plaintiff to establish “that the defendant made a false representation of a material fact with knowledge of its falsity for the purpose of inducing the plaintiff to act thereon, and that the plaintiff reasonably relied upon the representation as true and acted upon it to his damage.” Bryan Corp. v. ChemWerth, Inc., 911 F.Supp.2d 103, 109 (D.Mass.2012) (internal quotation marks omitted). A promissory statement can give rise to a misrepresentation claim if, at the time the promise was made, the promisor had no intention of carrying it out.