Based on the foregoing, the court GRANTS CCC's motion to dismiss
pursuant to 12(b)(6) as to plaintiffs' contract claims stemming from the
alleged breach of the duty to indemnify WITH LEAVE TO AMEND. The court
DENIES CCC's motion to dismiss as to all other raised grounds.
III. Motion to Strike
A. Legal Standard
A motion to strike, brought pursuant to Rule 12(f) of the Federal
Rules of Civil Procedure (hereinafter "Rule 12(f)"), challenges any
"insufficient defense or any redundant, immaterial, impertinent or
scandalous matter." Fed.R.Civ.P. 12(f).
B. CCC's Motion to Strike
Defendants contend that plaintiffs' claims for punitive damages should
be stricken based on plaintiffs' failure to allege sufficient facts
showing fraud or malice. Said contention is without merit. As stated
above, plaintiffs have alleged sufficient facts to state a claim for
fraud, as well as a claim for the bad-faith denial of plaintiffs' defense
in the Amrion action.
Accordingly, the court DENIES CCC's motion to strike plaintiffs' claim
for punitive damages.
In conclusion, the court rules as follows:
(1) CCC'S motion to dismiss pursuant to Rules 12(b)(4) and 12(b)(5) is
(2) Plaintiffs' request for leave to amend their complaint to designate
CNA as a "dba" is GRANTED.
(3) CCC's motion to dismiss pursuant to Rule 12(b)(6) is GRANTED WITH
LEAVE TO AMEND as to plaintiffs' contract claims arising out of
defendants' alleged breach of their duty to indemnify.
(4) CCC's motion to dismiss pursuant to Rule 12(b)(6) is DENIED on all
(5) CCC's motion to strike is DENIED.
(6) Plaintiffs shall file its amended complaint no later than thirty (30)
days from the date of this order.
The hearing on the motion, previously set for Wednesday, February 7,
2001, is hereby VACATED. See Civil Local Rule 7-1(b).
This order fully adjudicates the motions listed at numbers 5, 6, 11,
and 14 on the clerk's docket for this case.
IT IS SO ORDERED.
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