Sds Korea Co., Ltd. v. Sds USA, Inc.

ORDER:

GRANTING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE

[Doc. No. 14]

GRANTING IN PART AND DENYING IN PART DEFENDANTS’ EX PARTE APPLICATION

[Doc. No. 35]

On May 5, 2010, Defendants SDS USA, Inc., iBEND, LLC and Simon Song (collectively “Defendants”), filed a motion to dismiss Plaintiff SDS Korea Co., Ltd.’s first amended complaint (“FAC”) for lack of personal jurisdiction, improper venue, and failure to state a claim, or in the alternative for a more definite statement of its claims. [Doc. No. 14.] Plaintiff opposed Defendants’ motion [Doc. Nos. 19-26], and Defendants submitted a reply, including objections to Plaintiffs evidence [Doc. Nos. 29, 30]. On June 15, the Court took Defendants’ motion to dismiss under submission on the papers and without oral argument pursuant to its discretion under Civil Local Rule 7.1(d)(1). [Doc. No. 31.] On June 17, Plaintiff submitted a response to Defendants’ objections, as well as objections to Defendants’ evidence. [Doc. Nos. 32, 33.] On June 21, Defendants filed an ex parte application requesting the Court strike these “late-filed” documents, or in the alternative, permit Defendants an opportunity…