In the United States District Court for the Northern District of Texas Dallas Division
Case 3:15-cv-04108-L Document 91 Filed 02/16/17 Page 1 of 34 PageID <pageID> IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION SAMSUNG ELECTRONICS § AMERICA, INC., § § Plaintiff, § § Civil Action No. 3:15-CV-4108-D VS. § § YANG KUN “MICHAEL” CHUNG, § et al., § § Defendants. § MEMORANDUM OPINION AND ORDER In this action by plaintiff Samsung Electronics America, Inc. (“Samsung”)1 alleging claims related to a scheme involving the distribution of service parts for Samsung devices, defendant All Pro Distributing, Inc. (“All Pro”) moves under Fed. R. Civ. P. 12(b)(6) to dismiss Samsung’s first amended complaint (“amended complaint”) for failure to state a claim on which relief can be granted. For the reasons that follow, the court grants the motion in part and denies it in part, and grants Samsung leave to replead. 1Samsung is the U.S. subsidiary of the Korean company Samsung Electronics Co., Ltd. (“Samsung Ltd.”). It recently merged with Samsung Telecommunications America, LLC (“Samsung Telecom”), another Samsung Ltd. subsidiary. The two subsidiaries now operate as one unit in the United States, but during the events giving rise to this case, Samsung Telecom was a separate entity. For ease of reference, the court will refer to the new, consolidated company rather than differentiate between the subsidiaries. Case 3:15-cv-04108-L Document 91 Filed 02/16/17 Page 2 of 34 PageID <pageID> I Samsung is the U.S. subsidiary of Samsung Electronics Co., Ltd., a Korean company.2 Samsung produces and sells, among other things, cell phone replacement parts for use by third parties in servicing and refurbishing Samsung devices.
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