Miller v. Nomota, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5

STANLEY MILLER,

Case No. 4:23-cv-02332-YGR Plaintiff, ORDER TO SHOW CAUSE WHY PLEADINGS v. SHOULD NOT BE STRUCK 8 NOMOTA LLC, et al., Re: Dkt. No. 23 9 Defendants.

Pending before the Court are motions to dismiss filed by defendants Neal J. Schon and Jonathan Cain (collectively, the “Individual Defendants”), as well as Mr. Schon’s motion to strike certain allegations in plaintiff’s Amended Complaint (“AC”).1 In support of his motion, Mr. Schon argues the allegations to which he objects were “impermissibly cherry-picked” from pleadings in a separate matter involving the Individual Defendants, Schon v. Cain, No. C22-02337 (Cal. Super. Ct., filed Oct. 31, 2022). (Schon Mot. at 2:2-3.) He further asserts that plaintiff’s counsel undertook no efforts to corroborate the veracity of such pleadings before copying and pasting them into the AC. On that basis, Mr. Schon contends the inclusion of the challenged pleadings in the AC represents a…