Martifer-Silverado Fund I, LLC v. Zhongli Science and Technology Group Co., Ltd

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 MARTIFER-SILVERADO FUND I, LLC, CASE NO. 19-cv-04243-YGR

7 Plaintiff,

ORDER GRANTING MOTION TO DISMISS

8 vs. WITH LEAVE TO AMEND

9 ZHONGLI SCIENCE AND TECHNOLOGY Re: Dkt. No. 12

GROUP CO., LTD., ET AL.,

10 Defendants. 11 12 Plaintiff Martifer-Silverado Fund I, LLC brings this action against defendants Zhongli 13 Science and Technology Group Co., Ltd. (“Zhongli”) and Suzhou Talesun Solar Technology Co., 14 Ltd. (“Suzhou”) arising out of an alleged conspiracy orchestrated by Chinese-based parent 15 companies to use their U.S. subsidiary to commit fraud.1 16 Now before the Court is defendants’ motion to dismiss. Having carefully considered the 17 pleadings and papers submitted, and for the reasons set forth below, the Court GRANTS 18 defendants’ motion to dismiss WITH LEAVE TO AMEND.2 19 I. BACKGROUND 20 The complaint alleges as follows: 21 Plaintiff is a limited liability corporation engaged in the development of a pipeline of 22 utility-scale solar projects. Zhongli is…