Crossfit, Inc. v. Matrix Solutions, LLC

I. Background

24 On May 10, 2019, Plaintiff CrossFit, Inc. (“CrossFit”) filed this lawsuit against 25 Defendants Matrix Solutions, LLC (“Matrix”); Progenex Holdings, LLC (“Holdings”); the 26 Fitness Trade Defendants, which are a Polish limited liability company and a Polish limited 27 28 partnership, respectively; and ABC Corp. [Doc. No. 1.] The original complaint asserts claims for breach of contract, breach of the covenant of good faith and fair dealing, trademark infringement, unfair competition, “passing off” under United Kingdom common law, and unjust enrichment. [Doc. No. 1.] On December 2, 2019, CrossFit filed the operative First Amended Complaint (“FAC”), adding Defendants Michal Slisinski, an individual (“Slisinski”); The Conclave, LLC (“Conclave”); and Dagobah, LLC (“Dagobah”). [Doc. No. 28.] The FAC made few unique factual allegations against these new defendants. Instead, the FAC simply defined all of the defendants together as “Progenex” based on a conclusory allegation that they were acting “as a partnership, a joint venture, and/or alter egos of one another.” [Id. at ¶ 14.] Counsel for Matrix and…