The opinion of the court was delivered by: Present: The Honorable Christina A. Snyder
Deputy Clerk Court Reporter / Recorder Tape No.
Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
Proceedings: (In Chambers:) PLAINTIFF'S EX PARTE APPLICATION
FOR VOLUNTARY DISMISSAL OF THE ACTION (filed 11/18/11)
The Court finds this motion appropriate for decision without oral argument. Fed.
R. Civ. P. 78; Local Rule 7-15.
INTRODUCTION AND BACKGROUND
On September 20, 2010, plaintiff Universal Surface Technology, Inc. ("UST" or "plaintiff") filed the instant action in this Court against defendants Sae-A Trading Co. Ltd. ("Sae-A Korea"), Sae-A Trading America Corporation ("Sae-A America"), and Ocen, Inc. Thereafter, on January 28, 2011, plaintiff filed its First Amended Complaint ("FAC") naming Sae-A Korea, Sae-A America, Ocen, and Glovia as defendants.*fn1 The FAC alleges claims for copyright infringement pursuant to 17 U.S.C. § 101 et seq., reverse palming off pursuant to 15 U.S.C § 1125(a), unfair competition, unfair business practices, and false advertising in pursuant to California Business and Professions Code §§ 17200 and 17500 et seq., common law unfair competition, common law fraud, and misappropriation of trade secrets. Dkt. No. 23.
While the instant action was pending, on January 25, 2011, defendant Glovia filed a separate action in the Los Angeles Superior Court (Glovia v. Kwan Byung Lee, et al., L.A.S.C. Case No. BC453618), accusing plaintiff and its principal, cross-defendant Kwan
UNITED STATES DISTRICT COURT CENTRAL DISTRICT ...