Liu
Liu v. TNC US Holdings
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FRANK LIU, Case No. 21-cv-07313-JSW
Plaintiff,
ORDER DENYING MOTION TO
v. STRIKE AND PERMITTING
PLAINTIFF TO FILE SUR-REPLY
TNC US HOLDINGS, Re: Dkt. No. 45 Defendant.
12 In reply on Defendant’s motion to dismiss for lack of personal jurisdiction and improper venue or, in the alternative, to transfer venue, Defendant, for the first time, mentions that this Court could transfer venue to the District of New Jersey (instead of New York as previously argued). Plaintiff moves to strike this part of Defendant’s reply under Federal Rule of Civil Procedure 12(f). Under Rule 12(f), a party may seek to “strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed. R. Civ. P. 12(f). Immaterial matter “is that which has no essential or important relationship to the claim for relief or the defenses being pleaded.” California Dep’t of Toxic Substance Control v. ALCO Pacific,…