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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DIEN LE, Case No. 23-cv-00914-SI

Plaintiff,

ORDER RE MOTION TO DISMISS

v. AND MOTION FOR SANCTIONS

TRINH NGOC HUYNH, et al., Re: Dkt. No. 11 Defendants.

12 Before the Court is defendants’ motion to dismiss and for monetary sanctions in the amount of $5,000. Dkt. No. 11. Pursuant to Civil Local Rule 7-1(b), the Court finds this matter appropriate for resolution without oral argument and VACATES the hearing scheduled for June 2, 2023. For the reasons set out below, the motion to dismiss is GRANTED IN PART. The motion for sanctions is DENIED. 18 BACKGROUND Plaintiff’s allegations are as follows. Plaintiff owns Hue Restaurant, which is located in a shopping center in San Jose, California, and serves Vietnamese food. Dkt. No. 1, Complaint, at 2– 3. Plaintiff owns a valid copyright on his menu. Id. at 3. Plaintiff’s former employee, Trinh Ngoc Huynh, has opened a…