Chang v. Han et al

Filing 54

ORDER granting 33 Motion to Transfer Case signed by Judge Edward J. Davila on June 4, 2014. (ejdlc4S, COURT STAFF) (Filed on 6/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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RICHARD CHANG,

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Plaintiff,
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v.
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ZHENG TAO HAN, an individual; CHI-MING )
WU a/k/a/ FRED WU, an individual;
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BIOSUCCESS BIOTECH CO., LTD., a Cayman )
Islands corporation; BIOSUCCESS BIOTECH )
CO., LTD., a Nevada corporation; and DOES 1- )
50, inclusive,
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Defendant.
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Case No.: 5:14-CV-00426-EJD
ORDER GRANTING DEFENDANTS’
MOTION TO TRANSFER

[Re: Docket No. 33]

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Presently before the Court is individual defendants Chi-Ming Wu and Zheng Tao Han and

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corporate defendants Biosuccess Biotech Co., Ltd. and its subsidiary, also named Biosuccess

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Biotech Co., Ltd.’s (collectively, “Defendants”) Motion to Transfer Venue. Docket Item No. 33.

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This motion is fully briefed and the Court finds it suitable for decision without oral argument

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pursuant to Civil Local Rule 7-1(b); accordingly the Court hereby VACATES the hearing set for

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June 6, 2014. Having considered the briefing and for the following reasons, the Court GRANTS

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Defendants’ Motion to Transfer.

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Plaintiff Richard Chang (“Plaintiff”) filed this suit in Santa Clara County Superior Court on

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January 3, 2014. Complaint (“Compl.”), Docket Item No. 1-1 Ex. 3. In his Complaint, Plaintiff

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alleges claims of interference with prospective economic advantage, securities fraud pursuant to

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California Corporations Code § 25401, California Labor Code violations, breach of contract,
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Case No.: 5:14-CV-00426-EJD
ORDER GRANTING DEFENDANTS’ MOTION TO TRANSFER

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quantum meruit, and declaratory relief as to inventorship and ownership of certain patents. Id.

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Defendants removed the action to this Court on January 28, 2014 on the basis of diversity

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jurisdiction. Notice of Removal (“Notice”), Docket Item No. 1. Plaintiff filed a motion to remand

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the case to Santa Clara County Superior Court on February 12, 2014, which this Court denied on

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April 21, 2014. Docket Item Nos. 9, 29. Defendants filed the instant motion to transfer to the

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Central District of California on May 7, 2014. Dkt. No. 33.

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The instant action is one of four pending lawsuits involving these and related parties, two
cases which are pending in this district and two which are pending in the Central District of

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California. The first Central District case—Richard Chang v. Biosuccess Biotech Co., Ltd., No.

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United States District Court
For the Northern District of California

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13-CV-01340-JAK—was filed by Plaintiff on February 22, 2013, nearly a year before the instant

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case. Through the first Central District case, Plaintiff seeks declaratory relief that he is the owner

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of three patent applications being prosecuted before the Patent and Trademark Office. Decl. of

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Enoch H. Liang ISO Def. Mot. Transfer (“Liang Decl.”) Ex. A, Docket Item No. 33-1. That case

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has made significant progress: the parties have taken numerous depositions, including those of

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Plaintiff, his son Ben Chang, who is a plaintiff in the co-pending cases, and defendants in this case

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Fred Wu and Zheng Tao Han, and the court has issued its summary judgment ruling. Liang Decl. ¶

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3-4, Dkt. No. 33-1. The second Central District case—Biosuccess Biotech Co., Ltd. v. Rich

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Pharmaceuticals Inc., et al., No. 14-CV-00310-JAK—was filed by Biosuccess, a defendant in this

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case, on January 14, 2014. The second Central District case involves patent, copyright, and trade

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secret infringement claims and state law claims against certain entity defendants related to Richard

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and Ben Chang. Liang Decl. Ex. C, Dkt. No. 33-1. The first and second Central District cases

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were consolidated by Judge Kronstadt on May 21, 2014. See Order Granting Def. Ex Parte

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Application for Order Cont’g Trial; Grt’g Pl. Ex Parte Application to Amend Compl.; and

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Consolidating Cases, No. 14-CV-00310-JAK (C.D. Cal.), Docket Item No. 41. The Court

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previously described the co-pending case in this district, Ben Chang v. Biosuccess Biotech Co.,

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Ltd. No. 14-CV-00425-LHK, in its order denying Plaintiff’s motion to remand. See Dkt. No. 29.

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On May 30, 2014, Judge Koh granted a motion to transfer that case to the Central District of

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Case No.: 5:14-CV-00426-EJD
ORDER GRANTING DEFENDANTS’ MOTION TO TRANSFER