Antoninetti et al v. Chipotle Mexican Grill, Inc. et al

Filing 115

ORDER Re #65 Motion to Strike. Defendant's motion to strike portions of the First Amended Complaint that reference a Ninth Circuit opinion in a related case, Antoninetti v. Chipotle Mexican Grill, Inc., 614 F.3d 971 (9th Cir. 2010), is denied. The Court finds that language referencing the Ninth Circuit opinion in Antoninetti is not "immaterial" or otherwise improper. The parties may address the issue of preclusion in a motion for summary judgment after the motion for class certification is decided. Signed by Judge Barry Ted Moskowitz on 5/16/2011. (jer) (jrl).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MAURIZIO ANTONINETTI, et al.,

Case No. 06cv2671-BTM (WMc)

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ORDER RE MOTION TO STRIKE

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Plaintiff,
v.
CHIPOTLE MEXICAN GRILL, INC.,

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Defendant.

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Defendant’s motion to strike portions of the FAC that reference a Ninth Circuit opinion

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in a related case, Antoninetti v. Chipotle Mexican Grill, Inc., 614 F.3d 971 (9th Cir. 2010), is

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DENIED. Under Fed. R. Civ. P. 12(f), a “court may strike from a pleading an insufficient

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defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed. R. Civ. P.

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12(f). “Immaterial matter is that which has no essential or important relationship to the claim

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for relief or the defenses being pleaded.” Fantasy, Inc. v. Fogerty, 984 F.2d 1524, 1527 (9th

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Cir. 1993) (internal quotation marks omitted), overruled on other grounds, 510 U.S. 517

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(1994). Because striking is a “drastic remedy,” such motions are disfavored. Jones v. AIG

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Risk Mgmt., No. C-10-1374 EMC, 2011 U.S. Dist. LEXIS 46823, at *9-10 (N.D. Cal. May 2,

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2011).

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The Court finds that language referencing the Ninth Circuit opinion in Antoninetti is not

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“immaterial” or otherwise improper and thus DENIES the motion to strike. Defendant’s

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argument that this opinion has no preclusive affect on the instant case, see Reply at 2-4, will

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not be considered in a motion to strike. The parties may address the issue of issue
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06cv2671-BTM (WMc)

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preclusion in a motion for summary judgment after the motion for class certification is

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decided.

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IT IS SO ORDERED.

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DATED: May 16, 2011
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Honorable Barry Ted Moskowitz
United States District Judge

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06cv2671-BTM (WMc)