MLW Media LLC v. World Wrestling Entertainment, Inc.

I. BACKGROUND

1 MLW filed this action in January 2022, asserting claims against WWE for monopolization 2 and attempted monopolization in violation of the Sherman Antitrust Act, 15 U.S.C. § 2; 3 intentional interference with prospective economic advantage; intentional interference with 4 contractual relations; and violation of California's Unfair Competition Law (“UCL”), Cal. Bus. & 5 Prof. Code § 17200, et seq. Complaint, ECF No. 1 (“Compl.”) ¶¶ 53–81. MLW filed a First 6 Amended Complaint on March 6, 2023. First Am. Compl., ECF No. 64 (“FAC”); see also Order 7 Den. Mot. to Dismiss, ECF No. 78. WWE filed its answer to MLW’s FAC on August 14, 2023, 8 and on August 25, 2023, MLW filed its present motion to strike the fourteen affirmative defenses 9 contained in WWE’s answer. See Answer; Mot. Strike. While WWE argues that its affirmative 10 defenses were properly asserted, in the alternative to granting MLW’s motion, WWE asks the 11 Court to terminate MLW’s motion to strike as moot and grant leave to file its amended answer.

II. LEGAL STANDARD

13 Federal Rule of Civil Procedure 12(f) permits a court to “strike from a pleading an 14 insufficient defense or any…