Mician et al v. Catanzaro et al, No. 2:2017cv00548 - Document 28 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION AND ORDER. The Court hereby ORDERS as follows: Defendants' Motion to Dismiss Count I of the amended complaint for failure to state a claim is GRANTED, and such claim is hereby DISMISSED WITHOUT PREJUDICE. Defendants' moti on to dismiss Count V of the amended complaint for failure to state a claim is GRANTED, IN PART, and DENIED, IN PART as follows: To the extent that Count V alleges civil conspiracy to infringe the PSS Patent, such claim is DISMISSED WITHOUT PREJUDICE. Defendants' Motion to Stay all remaining claims is DENIED. If Plaintiffs wish to amend Counts I and V, they must do so within THIRTY (30) DAYS of the date hereof. Signed by District Judge Robert G. Doumar on 6/13/2018. (jrin)
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Mician et al v. Catanzaro et al Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION RUDY MICIAN, et aL, Plaintiffs, V. CIVIL NO. 2:17-cv-548 DAVID CATANZARO, et al., Defendants. MEMORANDUM OPINION AND ORDER This matter comes before the Court on a Motion to Dismiss and Stay Amended Complaint filed by defendants David Catanzaro, Chris Catanzaro, HookCam, LLC, and Kuulei Holdings, Inc. (collectively, "Defendants")- In such motion, Defendants asks the Court to dismiss Counts I and V of the Amended Complaint for failure to state a claim ("Motion to Dismiss") and to stay all remaining claims pending the outcome of a related state action ("Motion to Stay"). ECF No. 22. For the reasons stated herein, Defendants' Motion to Dismiss is GRANTED as to Count I and DENIED as to Count V; and Defendants' Motion to Stay is DENIED. I. PROCEDURAL BACKGROUND This action arises from a dispute between business partners. On October 19, 2017, Rudy Mician ("Mician") individually and derivatively on behalf of Pacific Systems Solutions, LLC ("PSS") (collectively, "Plaintiffs") filed a complaint against David Catanzaro ("D.C."), Chris Catanzaro ("C.C."), HookCam, LLC, and Kuulei Holdings, Inc. ("Kuulei") alleging patent infringement, trademark infringement, accounting, breach of contract, civil conspiracy, misappropriation of trade secrets, and conversion. ECF No. 1. On January 5, 2018, Defendants 1 Dockets.Justia.com
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