U.S. Vestor, LLC v. Biodata Information Technology AG

Good Law
290 F. Supp. 2d 1057·2003 WL 22479935·2003 U.S. Dist. LEXIS 19475
United States District Court, Northern District of CaliforniaOctober 28, 2003C 02-1414 JL, C 02-1714 JLCalifornia5,103 words

Opinion

Opinion

Larson, J.

DISMISSAL

Granting Docket # 12,

Introduction

The motion to dismiss of individual defendants Claus Platen, Tan Siekmann and Peter Trautmann and corporate defendant Biodata Systems Gmbh (formerly known as BS Systems Gmbh) came on for hearing before this court on July 30, 2003. Jack P. McCowan and Brian P. Maschler, GORDON & REES LLP, appeared for Defendants. Patrick C. Campbell, LAW OFFICES OF PATRICK C. CAMPBELL, appeared for Plaintiffs Altura S. Ewers and Biodata Information Technology North America (“BITNA”).

Plaintiff asks this Court to redress the wrongs done to him by Defendants, German businessmen and German corporations. He claims they conspired to prevent him from acquiring BITNA, the American subsidiary of a German company, Biodata Information Technology AG. According to Plaintiff, Defendants bled BITNA dry, stole its customers and left him with nothing. He is neither an owner nor a shareholder of either company. He is the only party who resides in the U.S. All the individual and corporate defendants are in Germany. He asks this Court to overlook or overrule the decisions of the German Insolvency Administrator who presided over the reorganization of Bioda-ta AG,…

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