Smith v. Levine Leichtman Capital Partners, Inc.

ORDER REGARDING DEFENDANTS’ MOTIONS TO DISMISS AND MOTIONS TO STRIKE

Now before the Court are the motions to dismiss filed by Defendants Levine Leichtman Capital Partners, Inc. and Levine Leichtman Capital Partners III, L.P. (collectively, “LLCP”) and Defendant National Corrective Group, Inc. (“NCG”), the motion to strike pursuant to Federal Rule of Civil Procedure 12(f) filed by Defendants Michael Schreck (“Schreck”) and Brett Stohlton (“Stohlton”), the motion to strike pursuant to California Code of Civil Procedure 425.16 filed by NCG, and the joinders by Schreck and Stohlton in the other parties’ motions to dismiss and strike and LLCP’s joinder in NCG’s motion to strike. Having carefully reviewed the parties’ papers, considered their arguments and the relevant authority, and good cause appearing, the Court hereby denies all of Defendants’ motions with the exception that the Court will dismiss Plaintiffs’ misrepresentations claims against LLCP, Schreck and Stohlton with leave to amend.

BACKGROUND

Plaintiffs Christina Smith, Lois Artz, Ashley Henderson, Jana Sperling and Toni Nelson (collectively, “Plaintiffs”) filed this purported class action against Defendants asserting…