Case No.: 11-CV-02460-LHKORDER GRANTING IN PART AND DENYING IN PART MOTION FOR TRO; GRANTING MOTION FORSUBSTITUTED SERVICE; DENYING MOTIONS TO DISMISS
U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
in part and DENIES in part Plaintiff’s motion for a temporary restraining order. The Court willhold a preliminary injunction hearing on August 1, 2011.
Plaintiff Richmond Technologies, doing business as ePayware, is a company that providesenterprise resource planning (“ERP”) software for financial service companies who provide creditcard terminals to merchants. Compl. ¶ 1. ePayware originally existed as a corporationheadquartered in San Jose, California. Compl. ¶ 23. However, on October 12, 2009, Plaintiff Richmond Technologies, Inc. acquired the assets of ePayware. Compl. ¶ 25. Plaintiff contends thatpursuant to this acquisition, it became the successor in interest to ePayware’s contracts and begandoing business as ePayware.
Plaintiff Richmond Technologies is a Georgia corporation, withits principal place of business in Alpharetta, Georgia. Compl. ¶ 13.Defendant Aumtech i-Solutions Pvt. Ltd. (“Aumtech India”) is a corporation organizedunder the laws of India, with its principal place of business in New Delhi, India. Compl. ¶ 14.Plaintiff alleges that Defendants Shankar and Ila Bose, a married couple, own and manage AumtechIndia.
Shankar Bose is Aumtech India’s Chief Executive Officer, and Ila Bose is AumtechIndia’s Chief Technology Officer.
Both Shankar and Ila Bose are Indian nationals residing inIndia. Compl. ¶¶ 15-16.Defendant Aumtech Business Solutions (“Aumtech America”) is a recently formedcompany located in Ventura, California. Compl. ¶ 13. Plaintiff describes Aumtech America as “anunincorporated association consisting of Damien Joseph Polito, Jennifer Polito, and the principalsof Aumtech i-Solutions Pvt. Ltd (Shankar Bose and Ila Bose).” Compl. ¶ 13. However, Defendantsclaim that Aumtech America is a newly formed limited liability company, of which Jennifer Politois the President and Aumtech India is a member.
Decl. of Jennifer Polito ISO Mot. to Dismissfor Improper Venue (“Jennifer Polito Venue Decl.”) ¶¶ 4-5, ECF No. 43; Decl. of Shankar BoseISO Opp’n to Mot. for TRO (“Shankar Bose TRO Decl.”) ¶ 4, ECF No. 52. Shankar Bose isPartner and Business Head of Aumtech America, and Ila Bose is Aumtech America’s Chief
Case5:11-cv-02460-LHK Document63 Filed07/01/11 Page2 of 36