Opinion
21cv1432-LL-MSB
04-01-2022
CHAYA CLARK, individually and on behalf of all others similarly situated and on behalf of the general public, Plaintiff, v. NETGAIN TECHNOLOGY, LLC, Defendant.
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION [ECF No. 13]
Honorable Linda Lopez United States District Judge
Defendant Netgain Technology, LLC (“Netgain”) moves to dismiss this putative class action for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). ECF No. 13. Plaintiff filed a response in opposition. ECF No. 15. Netgain did not file a reply. The motion is suitable for submission without the need for oral argument.
Both parties agree the Court's ruling on Netgain's motion to dismiss in Lee v. Netgain Technology, LLC, No. 21-cv-1144-LL-MSB (Aug. 19, 2021) resolves the instant motion as well. Accordingly, and for the reasons stated in the Court's Order on Netgain's motion to dismiss in Lee, Netgain's motion is GRANTED. Plaintiff's Complaint is DISMISSED with prejudice and without leave to amend. Plaintiff's request for jurisdictional discovery is DENIED. This order is not intended to preclude Plaintiff from pursuing his claim in another state or joining a pending claim in another state.
IT IS SO ORDERED.