Stemcell Technologies Canada Inc. v. StemExpress, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

STEMCELL TECHNOLOGIES CANADA Case No. 21-cv-01594-VC INC., et al.,

Plaintiffs, ORDER GRANTING PLAINTIFFS'

MOTION TO DISMISS

v. Re: Dkt. No. 39 STEMEXPRESS, LLC, et al., Defendants.

The plaintiffs’ motion to dismiss is granted in full. The motion is granted with leave to amend all claims except for the second cause of action, alleging breach of contract for the plaintiffs’ alleged failure to comply with pre-litigation requirements. Breach of Confidentiality Agreement: StemExpress has not adequately alleged that the plaintiffs breached the confidentiality agreement or that the plaintiffs breached the implied covenant of good faith and fair dealing. The allegations are sparse, merely stating that the plaintiffs had access to confidential information across many broad categories and then used that information to mimic StemExpress’s business. For example, when describing the “specific confidential information” that the plaintiffs had access to, StemExpress merely states that this information “included . . . StemExpress’[s] processes for best obtaining samples from donors, screening procedures/donor…