United Tactical Systems, LLC v. Real Action Paintball, Inc.

Good Law
143 F. Supp. 3d 982·2015 WL 6955086
United States District Court, Northern District of CaliforniaNovember 10, 2015Case No. 14-cv-04050-MEJCalifornia18,478 words

Opinion

Lead Opinion

Mariajames, J.

ORDER RE: (1) MOTION TO DISMISS COUNTERCLAIMS; (2) MOTION TO STRIKE COUNTERCLAIMS; AND (3) MOTION TO TRANSFER BOND

INTRODUCTION

Real Action Paintball, Inc. and its principal, K.T. Tran (collectively ‘Real Action”) 1 *994 filed 18 counterclaims in this matter (First Am. Counterclaim (‘FACC”), Dkt. No. 152), which United Tactical Systems, LLC (‘UTS”) and related Counter-Defendants (collectively with UTS, ‘Counter-Defendants”) 2 now seek to dismiss or strike on a multitude of different grounds. See Mot. to Dismiss Brief (‘MTD Br.”), Dkt. No. 160; Mot. to Strike Brief (‘MTS Br.”), Dkt. No. 163. 3 Real Action also filed a motion asking the Court to transfer the bond held by the. Northern District Court of Indiana, which previously issued a temporary restraining order (‘TRO”) against Real Action. See Mot. to Transfer Bond (‘Transfer Mot”), Dkt. No. 158. Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court GRANTS IN PART and DENIES IN PART Counter-Defendants’ Motions and DENIES AS MOOT Real Action’s Transfer Motion for the following reasons.

BACKGROUND

UTS and Real Action sell irritant filled projectiles. Compl. ¶ 2, Dkt. No. 1;…

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