Theta Chi Fraternity, Inc. v. Leland Stanford Junior University

*819 ORDER REGARDING MOTIONS TO DISMISS AND STRIKE

Re: Dkt. Nos. 14,

Before the court are motions to dismiss the complaint filed by plaintiff Theta Chi Fraternity, Inc. (“Theta Chi” or “plaintiff’) against Leland Stanford Junior University, The Board of Trustees of Leland Stanford Junior University, Alumni Association of Chi Theta Chi House, The Board of Directors of Alumni Association of Chi Theta Chi House, and Thomas Abel Allison, Dkt. No. 1 (“Compl.”). Defendants Alumni Association of Chi Theta Chi House and Thomas Abel Allison (collectively, the “Alumni Association defendants”) filed a motion to dismiss and strike on May 13, 2016. Dkt. No. 14. Defendant The Board of Trustees of the Leland Stanford Junior University (“Stanford”) filed a motion to dismiss on June 23, 2016. Dkt. No. 31. Plaintiff filed oppositions, defendants filed replies, and the court held a hearing on August 26, 2016. 1 For the reasons set forth below, the court grants both motions to dismiss with leave to amend and grants in part and denies in part the Alumni Association defendants’ motion to strike.

I. BACKGROUND

Plaintiff Theta Chi brings this action against the defendants for alleged trademark…