Luxul Technology Inc. v. Nectarlux, LLC

Good Law
78 F. Supp. 3d 1156·2015 WL 352048·2015 U.S. Dist. LEXIS 8802
United States District Court, Northern District of CaliforniaJanuary 26, 2015Case No. 14-CV-03656-LHKCalifornia9,438 words

Opinion

Lead Opinion

Koh, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

Re: Dkt. No.

Plaintiff Luxul Technology Inc. (“Plaintiff’ or “Luxul”) brings this action against Defendants Nectarlux, LLC, JKeeney Consulting, Inc., and James Keeney (collectively, “Defendants”). Before the Court is Defendants’ motion to dismiss. ECF No. 21. Plaintiff filed an opposition. ECF No. 22. Defendants filed a reply. ECF No. 23. Having considered the submissions of the parties, the record in this case, and the relevant law, and for good cause shown, the Court hereby grants in part and denies in part Defendants’ motion.

I. BACKGROUND

A. Factual Background

Plaintiff Luxul Technology Inc. is a California corporation with a principal place of business in Santa Clara, California. First Am. Compl. (“FAC”), ECF No. 19, ¶1. Defendant NectarLux, LLC (“Nectar-Lux”) is a New York limited liability company with a principal place of business in Syracuse, New York. Id. ¶ 2. Defendant JKeeney Consulting, Inc. (“JKeeney Consulting”) is a Florida corporation with a principal place of business in Philadelphia, Pennsylvania. Id. ¶ 3. Defendant James Keeney (“Keeney”) is an individual and a resident of Pennsylvania. Id. ¶…

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