Opinion
4:21-cv-03819-JSW
07-25-2022
ROCKY TRAN, Plaintiff, v. SAMSUNG SDI CO. LTD., SAMSUNG SDI AMERICA, INC., BREAZY, INC., d/b/a BREAZY.COM; and DOES 1-50 inclusive, and each of them, Defendants.
Edward R. Ulloa, Esq. (SBN 177909) Macy M. Chan, Esq. (SBN 245226) Fred B. Lee, Esq. (SBN 279011) HAWKINS PARNELL & YOUNG LLP Attorneys for Specially Appearing Defendant, SAMSUNG SDI CO. LTD.
Complaint Filed: February 19, 2021
Edward R. Ulloa, Esq. (SBN 177909) Macy M. Chan, Esq. (SBN 245226) Fred B. Lee, Esq. (SBN 279011) HAWKINS PARNELL & YOUNG LLP Attorneys for Specially Appearing Defendant, SAMSUNG SDI CO. LTD.
[PROPOSED] ORDER GRANTING SPECIALLY APPEARING DEFENDANT SAMSUNG SDI CO. LTD.'S MOTION TO DISMISS FOR 1) FAILURE TO PROSECUTE [RULE 41(B)], AND/OR 2) FOR INSUFFICIENT SERVICE OF PROCESS [RULE 12(B)(5)]
[FILED CONCURRENTLY WITH NOTICE OF MOTION AND MOTION; AND DECLARATION OF FRED B. LEE]
HON. JEFFREY S. WHITE, UNITED STATES DISTRICT COURT JUDGE
Specially Appearing Defendant Samsung SDI Co. Ltd.'s Motion to Dismiss the Complaint as to SDI Korea for 1) failure to prosecute under Rule 41(b), and/or 2) insufficient service under Rule 12(b)(5), came on for hearing before this Court at 9:00 a.m., on August 19, 2022, in Courtroom 5, the Honorable Jeffrey S. White presiding. Plaintiff Rocky Tran appeared through his counsel of record, Anna Dubrovsky Law Group, Inc. Specially Appearing Defendant Samsung SDI Co. Ltd. was represented by its counsel of record, Hawkins Parnell & Young LLP.
The Court has read, heard, and considered all the oral and written arguments and evidence submitted by the parties both in support and opposition to the Motion.
THE COURT HEREBY ORDERS:
Specially Appearing Defendant Samsung SDI Co. Ltd.'s Motion to Dismiss for Failure to Prosecute under Rule 41(b) is GRANTED. AND
Alternatively, Specially Appearing Defendant Samsung SDI Co. Ltd.'s Motion to Dismiss for Insufficient Service under Rule 12(b)(5) is GRANTED.