Teng Medical Foundation, P.C. v. Cynosure, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 11 TENG MEDICAL FOUNDATION, P.C., No. 2:21-cv-00818-TLN-DB 12 Plaintiff, 13 v. ORDER
CYNOSURE, LLC; MMP CAPITAL
INC.; AMUR EQUIPMENT FINANCE
INC.; TYLER JOHNSON; and DOES 1 through 25, inclusive, 17 Defendants.
19 This matter is before the Court on Defendant Cynosure, LLC’s (“Defendant”) Motion to Strike. (ECF No. 10.) Plaintiff Teng Medical Foundation, P.C. (“Plaintiff”) filed an opposition. (ECF No. 12.) Defendant replied. (ECF No. 15.) For the reasons set forth below, the Court sua sponte REMANDS this action to state court. /// /// /// /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND In December 2019, Plaintiff, a California corporation, was interested in purchasing a “Sculpsure Non-Invasive Body Contouring Platform” (the “Product”) from Defendant, a Delaware limited liability corporation. (ECF No. 5 at 2–5.) Tyler Johnson (“Johnson”), a California resident and an agent and employee of Defendant, contacted Plaintiff. (Id. at 4.) Plaintiff alleges Johnson made multiple…