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Universal Processing LLC v. Zhuang

Trade Secret Misappropriation Claims Under Defend Trade Secrets Act Insufficiently Alleged

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Universal Processing LLC,Plaintiffv.Weile Zhuang a/k/a Vera Zhuang, & Argus Merchant Services LLC,Defendants

MEMORANDUM ORDER Plaintiff Universal Processing LLC (“Plaintiff” or “Universal”) brings this action against Weile Zhuang a/k/a Vera Zhuang (“Zhuang”) and Argus Merchant Services LLC (“Argus”) (collectively, “Defendants”), asserting a claim for trade secret misappropriation under the Defend Trade Secrets Act, 18 U.S.C. §1831 et seq., as well as state law claims for conversion, intentional interference with contractual relations, breach of contract, breach of the implied covenant of good faith and fair dealing, and defamation. This Court has subject matter jurisdiction of Plaintiff’s federal trade secret misappropriation claim pursuant to 28 U.S.C. §1331, and supplemental jurisdiction of Plaintiff’s state law claims pursuant to 28 U.S.C. §1367. Defendants have moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the Complaint. The Court has considered the parties’ submissions carefully and, for the following reasons, Defendants’ motion to dismiss is granted.BACKGROUNDThe following allegations are taken from the Complaint and are presumed true for the purposes of this motion.Plaintiff Universal is a credit card processing business incorporated in the State of New York, with its principal place of business in New York, New York. (Compl.

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