Shin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK SHIN, Case No. 20-cv-07363-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

AND DENYING MOTION TO STRIKE

ICON FOUNDATION, WITHOUT PREJUDICE Defendant. Re: Dkt. Nos. 36,

12 Plaintiff Mark Shin alleges that defendant ICON Foundation (“ICON”) improperly interfered with his ownership and possession of ICX tokens, a crypto-asset native to the ICON blockchain network (“ICON Network”). ICON moves to dismiss all claims in the Amended Complaint as insufficiently pleaded and moves to strike the defamation claim under Colorado’s anti-SLAPP statute, which is nearly identical to California’s anti-SLAPP statute, Cal. Code Civ. Proc. § 425.16. For the reasons set forth below, ICON’s motion to dismiss is GRANTED with leave to amend for except Shin’s fifth cause of action for prima facie tort, which is not a cognizable claim under either California or Colorado law and is…