OAKBERRY SD UTC, LLC v. OAKBERRY ACAI, INC.; GEORGIOS PUCCETTI FRANGULIS; OAKBERRY USA LLC; RENATO HAIDAR FILHO; HUGO PANNUNZIO

I. INTRODUCTION

26 Plaintiff Oakberry SD UTC, LLC brings this breach of contract suit against the 27 above captioned Defendants. The Court previously stayed this action after compelling 28 1 the parties to arbitrate their dispute. Afterwards, the parties engaged in arbitration 2 proceedings with the American Arbitration Association’s International Centre for Dispute 3 Resolution (“ICDR”). The parties have returned after the ICDR terminated the 4 proceedings. Currently before the Court is Plaintiff’s Motion to Remand Action to State 5 Court. After considering the papers submitted and applicable law, the Court GRANTS 6 the Motion. 7 II. BACKGROUND 8 On August 26, 2021, a written contract was signed between Oakberry SD UTC, 9 LLC (Plaintiff) and Oakberry Acai Inc (Defendant) and Georgios Puccetti Frangulis 10 (Defendant). Among other things, the contract was framed as an agreement whereby 11 Plaintiff would “license” the Oakberry trademark and other operational and intellectual 12 property from the Defendants for the purposes of maintaining a single acai stand within a 13 shopping center. Within two years there was a falling out. 14 On September 11,…