Epicrew USA v. Capital Asset Exchange and Trading, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 EPICREW USA, Case No. 5:24-cv-03676-EJD

Plaintiff, ORDER GRANTING IN PART

MOTION TO DISMISS; DENYING AS

v. MOOT MOTION FOR LEAVE TO

AMEND

CAPITAL ASSET EXCHANGE AND

TRADING, LLC,

Re: ECF Nos. 13, 31 Defendant.

13 Defendant Capital Asset Exchange and Trading, LLC moves to dismiss Plaintiff Epicrew USA’s complaint. Having considered the parties’ pleadings, the record, and arguments at hearing, the Court GRANTS IN PART Capital Asset’s motion WITH LEAVE TO AMEND. As such, the Court also DENIES AS MOOT Epicrew’s separate motion for leave to amend.1 I. BACKGROUND Epicrew filed suit in June 2024, raising several claims arising out of Capital Asset’s alleged failure to deliver certain semiconductor equipment that Epicrew had purchased even though Epicrew had already tendered payment to Capital Asset. Compl., ECF No. 1. Capital …