Mician et al v. Catanzaro et al

Filing 28

MEMORANDUM OPINION AND ORDER. The Court hereby ORDERS as follows: Defendants' Motion to Dismiss Count I of the amended complaint for failure to state a claim is GRANTED, and such claim is hereby DISMISSED WITHOUT PREJUDICE. Defendants' moti on to dismiss Count V of the amended complaint for failure to state a claim is GRANTED, IN PART, and DENIED, IN PART as follows: To the extent that Count V alleges civil conspiracy to infringe the PSS Patent, such claim is DISMISSED WITHOUT PREJUDICE. Defendants' Motion to Stay all remaining claims is DENIED. If Plaintiffs wish to amend Counts I and V, they must do so within THIRTY (30) DAYS of the date hereof. Signed by District Judge Robert G. Doumar on 6/13/2018. (jrin)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

RUDY MICIAN, et aL,
Plaintiffs,
V.

CIVIL NO. 2:17-cv-548

DAVID CATANZARO, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

This matter comes before the Court on a Motion to Dismiss and Stay Amended

Complaint filed by defendants David Catanzaro, Chris Catanzaro, HookCam, LLC, and Kuulei
Holdings, Inc. (collectively, "Defendants")-

In such motion, Defendants asks the Court to

dismiss Counts I and V of the Amended Complaint for failure to state a claim ("Motion to

Dismiss") and to stay all remaining claims pending the outcome of a related state action
("Motion to Stay"). ECF No. 22. For the reasons stated herein, Defendants' Motion to Dismiss
is GRANTED as to Count I and DENIED as to Count V; and Defendants' Motion to Stay is
DENIED.

I.

PROCEDURAL BACKGROUND

This action arises from a dispute between business partners. On October 19, 2017, Rudy
Mician ("Mician") individually and derivatively on behalf of Pacific Systems Solutions, LLC

("PSS") (collectively, "Plaintiffs") filed a complaint against David Catanzaro ("D.C."), Chris
Catanzaro ("C.C."), HookCam, LLC, and Kuulei Holdings, Inc. ("Kuulei") alleging patent

infringement, trademark infringement, accounting, breach of contract, civil conspiracy,
misappropriation of trade secrets, and conversion. ECF No. 1. On January 5, 2018, Defendants
1