Opinion
No. C-15-2112 EMC
08-17-2015
HILARY K. GAMACHE, individually and on behalf of all similarly situated individuals Plaintiff, v. DESERT CHAMPIONS LLC, Defendant.
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT; DENYING DEFENDANT'S MOTION TO DISMISS AND STRIKE
(Docket No. 10)
On June 18, 2015, Defendant Desert Champions filed a motion to dismiss a portion of Plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), and to strike certain other discrete portions of the complaint. Docket No. 10. In opposition, Plaintiff agreed to voluntarily dismiss the legal allegations challenged by Defendant under Rule 12(b)(6), and sought leave to file an amended complaint that removes those challenged allegations. Docket No. 18. Plaintiff's request for leave to file her amended complaint is GRANTED, and Defendant's motion to dismiss is DENIED as moot.
The same material that Defendant seeks to strike from Plaintiff's initial complaint remains present in Plaintiff's proposed amended complaint. To save the litigants the expense of filing a re-noticed motion to strike, the Court will rule on that motion now. Defendant's motion to strike is DENIED. Motions to strike are generally disfavored, see Malem Medical, Ltd. v. Theos Medical Sys., Inc., No. 13-cv-5236-EMC, 2014 WL 3568885, at *2 (N.D. Cal. July 18, 2014), and will only be granted in rare circumstances. Here, the very limited material that Defendant seeks to strike is not obviously "immaterial" at this very early stage of the litigation, and it is certainly not scandalous, impertinent, or redundant. Fed. R. Civ. P. 12(f). Defendant's motion to strike is without merit. The hearing currently set for this matter on August 27, 2015, is hereby VACATED. Plaintiff shall file her proposed amended complaint within five (5) days of the date of this Order.
This Order disposes of Docket No. 10.
IT IS SO ORDERED. Dated: August 17, 2015
/s/_________
EDWARD M. CHEN
United States District Judge