Pak

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiff,

ORDER GRANTING MOTION TO

v. COMPEL ARBITRATION; DENYING

MOTION TO STRIKE; DENYING

EOCELL, INC., et al., MOTION TO REMAND. Defendants. Re: Dkt. Nos. 12, 21,

This is a case about business disputes related to EoCell Ltd., a Hong Kong corporation formed by Pak and EoCell, Inc. (the only defendant to have been served and EoCell Ltd.’s wholly owned subsidiary). After Pak was fired from his position as CEO of EoCell Ltd., Pak and his corporation Sputnik filed suit in California state court bringing claims on behalf of Pak and Sputnik individually and derivatively on behalf of EoCell Ltd.’s shareholders. EoCell Inc. removed the case to federal court and filed a motion to stay proceedings and compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. §§ 201-209, based on the arbitration provision contained in EoCell Ltd.’s Shareholders Agreement. Pak then filed an amended complaint, substantially changing the nature of his claims, and a motion to remand…