Apex Corp. sued Bemis Corp. for breach of contract under federal diversity jurisdiction in the Southern District of Illinois. In response to the complaint, Bemis filed a timely Rule 12(b)(3) motion to dismiss for improper venue. The court denied the motion. Bemis then filed its answer, raising two defenses: (1) lack of personal jurisdiction under Rule 12(b)(2); and (2) failure to state a claim upon which relief can be granted under Rule 12(b)(6). Apex filed a Rule 12(f) motion to strike both defenses. How should the court rule on Apex's motion? (A) The court should deny Apex's motion to strike both defenses. (B) The court should deny Apex's motion to strike the personal jurisdiction defense but grant Apex's motion to strike the failure to state a claim defense. (C) The court should grant Apex's motion to strike both defenses. (D) The court should grant Apex's motion to strike the personal jurisdiction defense but deny Apex's motion to strike the failure to state a claim defense.

Computer Networking: A Top-Down Approach (7th Edition)
7th Edition
ISBN:9780133594140
Author:James Kurose, Keith Ross
Publisher:James Kurose, Keith Ross
Chapter1: Computer Networks And The Internet
Section: Chapter Questions
Problem R1RQ: What is the difference between a host and an end system? List several different types of end...
icon
Related questions
Question
Apex Corp. sued Bemis Corp. for breach of contract under federal diversity
jurisdiction in the Southern District of Illinois. In response to the complaint, Bemis
filed a timely Rule 12(b)(3) motion to dismiss for improper venue. The court denied
the motion. Bemis then filed its answer, raising two defenses: (1) lack of personal
jurisdiction under Rule 12(b)(2); and (2) failure to state a claim upon which relief can
be granted under Rule 12(b)(6). Apex filed a Rule 12(f) motion to strike both
defenses. How should the court rule on Apex's motion?
(A) The court should deny Apex's motion to strike both defenses.
(B) The court should deny Apex's motion to strike the personal jurisdiction defense
but grant Apex's motion to strike the failure to state a claim defense.
(C) The court should grant Apex's motion to strike both defenses.
(D) The court should grant Apex's motion to strike the personal jurisdiction defense
but deny Apex's motion to strike the failure to state a claim defense.
Transcribed Image Text:Apex Corp. sued Bemis Corp. for breach of contract under federal diversity jurisdiction in the Southern District of Illinois. In response to the complaint, Bemis filed a timely Rule 12(b)(3) motion to dismiss for improper venue. The court denied the motion. Bemis then filed its answer, raising two defenses: (1) lack of personal jurisdiction under Rule 12(b)(2); and (2) failure to state a claim upon which relief can be granted under Rule 12(b)(6). Apex filed a Rule 12(f) motion to strike both defenses. How should the court rule on Apex's motion? (A) The court should deny Apex's motion to strike both defenses. (B) The court should deny Apex's motion to strike the personal jurisdiction defense but grant Apex's motion to strike the failure to state a claim defense. (C) The court should grant Apex's motion to strike both defenses. (D) The court should grant Apex's motion to strike the personal jurisdiction defense but deny Apex's motion to strike the failure to state a claim defense.
Expert Solution
trending now

Trending now

This is a popular solution!

steps

Step by step

Solved in 2 steps

Blurred answer
Recommended textbooks for you
Computer Networking: A Top-Down Approach (7th Edi…
Computer Networking: A Top-Down Approach (7th Edi…
Computer Engineering
ISBN:
9780133594140
Author:
James Kurose, Keith Ross
Publisher:
PEARSON
Computer Organization and Design MIPS Edition, Fi…
Computer Organization and Design MIPS Edition, Fi…
Computer Engineering
ISBN:
9780124077263
Author:
David A. Patterson, John L. Hennessy
Publisher:
Elsevier Science
Network+ Guide to Networks (MindTap Course List)
Network+ Guide to Networks (MindTap Course List)
Computer Engineering
ISBN:
9781337569330
Author:
Jill West, Tamara Dean, Jean Andrews
Publisher:
Cengage Learning
Concepts of Database Management
Concepts of Database Management
Computer Engineering
ISBN:
9781337093422
Author:
Joy L. Starks, Philip J. Pratt, Mary Z. Last
Publisher:
Cengage Learning
Prelude to Programming
Prelude to Programming
Computer Engineering
ISBN:
9780133750423
Author:
VENIT, Stewart
Publisher:
Pearson Education
Sc Business Data Communications and Networking, T…
Sc Business Data Communications and Networking, T…
Computer Engineering
ISBN:
9781119368830
Author:
FITZGERALD
Publisher:
WILEY