Austin v. Kemper Corporation (Insurance)
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GEORGE JARVIS AUSTIN, Case No. 21-cv-03208-SI
Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS THE FIRST
AMENDED COMPLAINT
KEMPER CORPORATION (INSURANCE), Re: Dkt. No. 54 11 Defendant. 12 Before the Court is defendant Kemper Corporation’s motion to dismiss the First Amended Complaint (“FAC”) per Fed. R. Civ. Proc. 12(b)(6), and defendant’s motion to strike certain portions of the FAC per Fed. R. Civ. Proc. 12(f). Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and VACATES the hearing set for October 22, 2021. The Court GRANTS defendant’s motion to dismiss the FAC in its entirety, rendering defendant’s 12(f) motion to strike moot. Leave to amend is granted. 19 BACKGROUND The complaints allege that in March 2020, plaintiff George Jarvis Austin was rear-ended by an unnamed driver in Stockton, California. …