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govinfo:USCOURTS-cand-3_25-cv-09653-2

U.S. District Court for the Northern District of California · 2026-06-05

· GavelSight synced 2026-09-06 03:11:34

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United States District Court 
Northern District of California 
 
 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF CALIFORNIA 
 
THE RYZMAN FOUNDATION INC., 
Plaintiff, 
v. 
 
NANA MUZA, et al., 
Defendants. 
 

 
 
ORDER GRANTING MOTIONS TO 
DISMISS; AFFORDING LEAVE TO 
CONDUCT LIMITED JURISDICTIONAL 
DISCOVERY; AFFORDING LEAVE TO 
AMEND 
 
 
 
Before the Court is defendant Michael Fink’s (“Fink”) motion, filed March 13, 2026, 
“to Dismiss Plaintiff the Ryzman Foundation Inc.’s First Amended Complaint Pursuant to 
FRCP 12(b)(2) and FRCP 12(b)(6),” and defendant Alpha Funding Corp.’s (“Alpha”) 
motion, filed April 30, 2026, “to Dismiss Plaintiff the Ryzman Foundation Inc.’s First 
Amended Complaint Pursuant to FRCP 12(b)(2) and FRCP 12(b)(6).” Plaintiff has filed 
opposition to the motions to dismiss, to which Fink and Alpha have replied. The matter 
came on regularly for hearing on June 5, 2026. Matthew R. Gershman and Sheri M. 
Kanesaka of Greenberg Traurig, LLP appeared on behalf of plaintiff. Kathryn S. Diemer 
of Diemer & Wei LLP appeared on behalf of Fink and Alpha. 
The Court, having considered the parties’ respective written submissions and the 
arguments of counsel at the hearing and, for the reasons stated in detail on the record at 
the hearing, hereby rules as follows. 
Defendants’ motions are hereby GRANTED. In particular, plaintiff has failed to 
plead facts sufficient to support a finding of personal jurisdiction as to Alpha and has 
failed to plead facts sufficient to demonstrate knowledge of falsity on the part of Fink. 

 
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United States District Court 
Northern District of California 
Accordingly, the FAC is hereby DISMISSED with leave to amend. Plaintiff’s 
Second Amended Complaint shall be filed no later than August 21, 2026, and plaintiff is 
hereby AFFORDED leave to conduct limited discovery between today’s date and July 31, 
2026, on the issue of personal jurisdiction as to Alpha. 
 
IT IS SO ORDERED. 
 
Dated: June 5, 2026 
 MAXINE M. CHESNEY 
 United States District Judge 

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