Temming

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division STEVE TEMMING, Case No. 21-cv-04858-LB

Plaintiff,

ORDER ON DEFENDANTS’ MOTION

v. TO DISMISS

SUMMUS HOLDINGS, LLC, et al., Re: ECF No. 21 Defendants. 16 INTRODUCTION The plaintiff alleges that he leased a counterfeit medical laser at a veterinary trade show in San Francisco and sued the supplier, defendants Summus Holdings, LLC (formerly K-Global LLC), Summus Medical Laser, LLC (formerly K-Laser USA), and their director and president, Dr. Richard Albright — all domiciled in Tennessee — for fraud and false advertising under the federal civil RICO statute and California law.1 The defendants moved to dismiss the case under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction over Summus Holdings and Dr. Albright and for failure to state a claim under Rule 12(b)(6). They also moved to transfer the case to the 25

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