Austin v. Kemper Corporation (Insurance)

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

KEMPER CORPORATION Re: Dkt. No. 88 (INSURANCE), 11 Defendant. 12 Before the Court is defendant Kemper Corporation’s motion to dismiss plaintiff George Jarvis Austin’s second amended complaint (“SAC”) pursuant to FRCP 12(b)(6) and motion to strike pursuant to FRCP 12(f). The Court finds the matter appropriate for resolution without oral argument and VACATES the hearing set for December 17, 2021. Civil Local Rule 7-1(b). Because plaintiff has failed to cure the factual deficiencies identified in this Court’s dismissal of the First Amended Complaint (“FAC”), the Court GRANTS defendant’s motion to dismiss without leave to amend. The motion to strike is therefore moot. 20 BACKGROUND The Court detailed the factual background leading to Austin’s lawsuit against Kemper in its October 13, 2021…