Contract: Other | California Central

Dismiss Case Dismiss Party Entry of Default

(IN CHAMBERS) ORDER RE GALAXIA'S MOTION TO DISMISS COUNTERCLAIMS (DKT. 81 ); ROBERT SCARNECHIA'S THIRD PARTY COMPLAINT (DKT. 88 ); GALAXIA'S PETITION FOR CONFIRMATION, RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD (DKT. 217 ); POW PRODUCTIONS, LLC'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) (DKT. 258 ); DANIEL MURPHY;S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(2) AND 12(b)(6) (DKT. 260 ); GALAXIA'S RENEWED MOTION FOR ENTRY OF DEFAULT AS TO DEFENDANTS LUXMAX, U.S.A. AND RWS MANAGEMENT, INC. (DKT. 261 ); AND GALAXIA'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS LUXMAX, U.S.A. AND RWS MANAGEMENT, INC. (DKT. 301 ). by Judge John A. Kronstadt. For the reasons stated in this Order, the Murphy MTD is GRANTED without prejudice, i.e., with leave to amend, as to the claims for quantum valebant and tortious interference. However, the Murphy MTD is DENIED as to the claims for promissory fraud and fraudulent misrepresentation. The POW MTD is GRANTED IN PART, without prejudice, i.e., with leave to amend, and DENIED IN PART; it is GRANTED as to the Fifth Cause of Action and DENIED as to the Seventh and Ninth Causes of Action. The Petition to Confirm is GRANTED. The Renewed Motion for Default is GRANTED. The Counterclaims (Dkt. 87) are STRICKEN to the extent they are asserted by Luxmax and RWS. Plaintiffs Motion to Dismiss Counterclaims (Dkt. 81) are MOOT as to the portion of the counterclaims asserted by Luxmax and RWS. The Motion to Dismiss Counterclaims is GRANTED with leave to amend as to the sole cause of action asserted by Scarnechia in the Counterclaims, which is the Ninth Cause of Action for violation of Cal. Penal Code Section 632. Scarnechia shall file any amended Counterclaims on or before February 22, 2023. The Motion to Compel is MOOT to the extent it is directed at the Counterclaims. Scarnechia is ORDERED TO SHOW CAUSE no later than February 22, 2023 as to why the Third Party Complaint should not be dismissed for lack of prosecution. (yl)

Securities/Commodities | New York Southern

Reply Memorandum of Law in Support of Motion

REPLY MEMORANDUM OF LAW in Support re: 213 MOTION to Modify the Proposed Class Period re: 140 MOTION to Certify Class . . . Document filed by Sjunde AP-Fonden(individually and on behalf of all others similarly situated), Sjunde AP-Fonden..(Zivitz, Andrew)

Securities/Commodities | New York Eastern

Notice of Appearance

NOTICE of Appearance by Joshua B. Silverman on behalf of Saleh Doron Gahtan (notification declined or already on case) (Silverman, Joshua)