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Summary of this case from TRANSMODAL CORP. v. EMH ASSOCIATES, INC.Opinion
Civil Action No. 9-CV-05319 (DMC-MF).
May 26, 2010
ORDER
This matter comes before this Court upon motion by KCC Trading, Inc., Won Bok Choi, Misuk Choi and Ji Hae Choi a/k/a Vanessa Choi (collectively, "Defendants") to transfer venue, upon motion to dismiss for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) and upon motion to dismiss for lack of personal jurisdiction pursuant to Fed.R.Civ.P. 12(b)(2). Pursuant to Fed.R.Civ.P. 78, no oral argument was heard. After considering the submissions of the parties, and based upon the Court's Opinion filed this day;
The remaining, non-moving Defendants include Thomas Hill Vina Co., Ltd, Thomas Hill USA Co., Inc. and Kyung Ho Kim a/k/a Kevin Kim.
IT IS this 26th day of May, 2010;
ORDERED Defendants' motion to transfer is denied; and further,
ORDERED Defendants' motion to dismiss Plaintiffs' Complaint pursuant Fed.R.Civ.P. 12(b)(6) is granted with respect to Defendant Thomas Hill USA Co., Inc; and further,
ORDERED Defendants' motion to dismiss Plaintiffs' Complaint pursuant Fed.R.Civ.P. 12(b)(6) is granted with respect to Defendants Won Bok Choi and Misuk Choi in their individual capacities only; and further,
ORDERED Defendants' motion to dismiss Plaintiffs' Complaint pursuant Fed.R.Civ.P. 12(b)(6) is granted with respect to Counts I, X and XI; and further,
ORDERED Defendants' motion to dismiss Plaintiffs' Complaint pursuant Fed.R.Civ.P. 12(b)(6) is denied with respect to Counts II, III, VI, VII and VIII; and further,
ORDERED Defendants' motion to dismiss Plaintiffs' Complaint pursuant to Fed.R.Civ.P. 12(b)(2) is denied.