Pak

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MICHAEL PAK, Case No. 20-cv-05791-VC

Plaintiff,

ORDER RE HEARING ON PENDING

v. MOTIONS

EOCELL, INC., et al., Defendants.

EoCell Inc. contends that this dispute is one “arising out of or in connection with” the Shareholders Agreement, such that the parties are subject to the arbitration provision contained in that agreement. The delegation provision incorporated by reference gives the Hong Kong International Arbitration Center—and not this Court—the authority to decide whether the arbitration provision applies to the present dispute. See Henry Schein, Inc. v. Archer & White Sales, Inc., 139 S. Ct. 524, 529-531 (2019); Oracle America, Inc. v. Myriad Group A.G., 724 F.3d 1069, 1073-75 (9th Cir. 2013). The only remaining question is the threshold one of whether the Shareholders Agreement is enforceable against Pak. See E&E Co. v. Light in the Box Limited, 2015 WL 5915432, at *4 (N.D. Cal. Oct. 9, 2015). Pak’s allegation in his original complaint that he and Sputnik are alter- egos of each other is competent evidence that the agreement is enforceable against him. See Huey v.…