Metricolor, LLC v. L Oreal S.A.

I. INTRODUCTION

Presently before the Court is defendants’ motion for summary judgment on plaintiff's first amended complaint and defendants’ motion for terminating sanctions to be issued against plaintiff. The history of this case is long and well-known to the parties, so the Court will omit the procedural posture leading up to 2019 and start with plaintiff's first amended complaint. On January 6, 2020, upon reassignment and remand from the Federal Circuit, this Court granted Metricolor leave to amend its complaint. Dkt. 56. On March 6, 2020, Metricolor filed its first amended complaint against L’Oréal USA, Inc., L’Oréal USA Products, Inc., L’?Oréal USA S/D, Inc., and Redken 5th Avenue NYC, LLC (collectively, “defendants” or “L’Oréal”). Dkt. 57 (“FAC”). The FAC asserts the following claims: (1) breach of contract: (2) misappropriation of trade secrets in violation of the Defend Trade Secrets Act (“DTSA”); (3) breach of the implied covenant of good faith and fair dealing: (4) violation of the California Unfair Competition Law (“UCL”); (5) breach of confidence: and (6) misappropriation of trade secrets in violation of the California Uniform Trade Secrets Act…