Crossfit, Inc. v. Paleoethics Inc.

I. Background

23 Plaintiff CrossFit, Inc. filed this lawsuit on December 28, 2018, naming an Ontario, 24 Canada, corporation called Paleoethics, Inc. as the only defendant. The original complaint 25 asserts claims for breach of contract and breach of the covenant of good faith and fair 26 dealing, trademark infringement, and unfair competition. Paleoethics answered the 27 complaint and filed a counterclaim, but its counsel subsequently withdrew without a 28 replacement, eventually resulting in the entry of default judgment. [Doc. No. 44.] Meanwhile, on June 5, 2019, Crossfit filed the operative first amended complaint (“FAC”), which added another Canadian company, a United Kingdom company, and a Polish company, along with the Fitness Trade Defendants, which are a Polish limited liability company, and a Polish limited partnership, respectively. [Doc. No. 26.] The FAC made few unique factual allegations against these new defendants. Instead, the FAC simply defined all of the defendants together as “Paleoethics” based on a conclusory allegation that they were acting “as a joint venture, a partnership, and/or alter egos…