Moreland a/k/a Ana Cheri et al. v. Black Budda Associates, LLC d/b/a The Zone d/b/a Club Zone et al. (19-cv-30091).

Judge Mastroianni granted individual defendant Paul Ramesh 2019s motion to dismiss, finding the complaint includes no factual assertions that Ramesh personally was the moving, active conscious force behind the alleged trademark infringement or was personally involved in a tortious act, but instead only contained conclusory statements. The complaint asserted that 201caccording to publicly available records and upon information and belief, 201d Ramesh maintained operational control over the club. Judge Mastroianni noted that, had the complaint specified what publicly available records had been consulted and stated what those records contained, they would likely have risen to factual assertions sufficient to survive a motion to dismiss.