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Calltrol Corp. v. LoxySoft AB

Firms Cannot Be Added as Defendants; Domination Not Used to Commit Fraud, Wrong

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OPINION & ORDER Currently before the Court is Plaintiff Calltrol Corporation’s (hereinafter, “Calltrol”) motion to amend their complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure, which seeks to add LoxySoft Inc.,1 LeadDesk Oyj, LeadDesk Solutions AB, and LeadDesk Solutions AS as defendants. (ECF No. 82). For the reasons that follow, Calltrol’s motion is DENIED as to adding LoxySoft Inc., LeadDesk Oyj, and LeadDesk Solutions AS as defendants. However, Calltrol may amend the caption of the complaint to make clear that LoxySoft AB has been renamed “LeadDesk Solutions AB.”2 I. BACKGROUND3 A. The Original Complaint On October 6, 2018, Calltrol filed a complaint against Defendants LoxySoft AB and LoxySoft Inc., alleging that they violated the terms of a Reseller Agreement entered into by Calltrol and LoxySoft AB on March 29, 2002.4 (ECF No. 5). The complaint contains a breach of contract claim against LoxySoft AB, as well as claims for tortious interference, unfair competition, deceptive business practices, and unfair competition against both LoxySoft AB and LoxySoft Inc. Id. The complaint further alleges that LoxySoft Inc. “is a wholly ownedsubsidiary of LoxySoft AB” and that “LoxySoft AB directs and manages the actions of LoxySoft Inc.” Id. at

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