MEMORANDUM OPINION & ORDER This lawsuit involves restaurant ordering and reviewing websites. Plaintiff My Mavens, LLC, a food technology company, alleges that Defendant Grubhub, Inc. and pro se Defendant Wenjun Zhang,1 a former Grubhub employee, conspired to misappropriate My Mavens’ proprietary “functionalities,” via a scheme in which Zhang participated in a “coding challenge” with My Mavens in order to gain access to My Mavens’ confidential information. The Amended Complaint asserts claims under the Defend Trade Secrets Act, 18 U.S.C. §1836, as well as state law claims for breach of contract, unjust enrichment, misappropriation of trade secrets, tortious interference, unfair competition, fraudulent inducement, and breach of fiduciary duty. (Dkt. No. 27) Grubhub has moved to dismiss all claims against it, pursuant to Rule 12(b)(6). In the alternative, Grubhub seeks summary judgment as to certain claims, which it contends are time-barred. (Dkt. No. 41) Zhang has moved to dismiss Plaintiff’s claims against him — other than the breach of contract claim — pursuant to Rule 12(b)(6). He has also joined Grubhub’s motion for summary judgment on statute of limitations grounds. (Dkt. No. 47) Grubhub has moved to strike the Amended Complaint’s allegations concerning Grubhub’s Code of Conduct, pursuant to Fed. R. Civ. P. 12(f) (Grubhub Br. (Dkt. No. 42) at 18-19; Grubhub Reply Br. (Dkt. No. 46) at 10-11), and My Mavens has moved to strike a declaration submitted by Grubhub product manager Ryan Bowersock in support of Grubhub’s motion for partial summary judgment pursuant to Fed. R. Civ. P. 56. (Pltf. Opp. (Dkt. No. 45) at 12-13)2 For the reasons stated below, Grubhub’s Motion to strike will be granted; My Mavens’ motion to strike will be denied as moot; Defendants’ motions to dismiss will be granted; and Defendants’ motion for partial summary judgment will be denied as moot. BACKGROUND3 Plaintiff My Mavens, LLC “is a food technology development company organized in August 2013…. My Mavens owns and operates PlateRate, an e-commerce business aimed at helping its users create the ultimate dining experience by locating the best food that meets their dietary restrictions, recommends food that meets their flavor profile, and tracks portion sizes.” (Am. Cmplt. (Dkt. No. 27)
18, 22) My Mavens’ sole member is its “founding principal, Garrett Lang,” who resides in New Jersey. (Id. 25; May 3, 2023 Pltf. Ltr. (Dkt. No. 60)) “Defendant Grubhub, Inc. (NYSE: GRUB) is a leading online and mobile food-ordering and delivery marketplace that claims to have the largest and most comprehensive network of restaurant partners, as well as nearly 24 million active diners.” (Am. Cmplt. (Dkt. No. 27) 20) “Grubhub is a Delaware corporation with a principal place of business in Chicago, Illinois.” (Id. 12) “Defendant Wenjun Zhang is an adult individual who, upon information and belief, resides [in] Mountain View, California 94043. Mr. Zhang was employed as a senior software engineer at Defendant Grubhub from November 28, 2016 until August 2, 2019. [During] that time, he was resident in Grubhub’s New York office.” (Id. 11) The Amended Complaint alleges diversity, federal question, and supplemental jurisdiction, pursuant to 28 U.S.C. §§1332, 1331, and 1367, respectively. (Id.
