Brian Rubin et al v. Michael Briscoe et al
| Hydro Therm Technologies Group LLC and Brian Rubin |
| BDP Worldwide LLC, Dayo Beverly, Chip Cantrell, Michael Briscoe, Hilary C Whitfield, Darkshore Funding Inc, Jon Divens, Does, Danny Gotvald, Jesse Hathorn, Linda Jamison, Law Offices of Jon Divens LLC, Jason Michael Meyer, Ken Morelli, Bruce Murillo, Tom Okeyo, Pelico International Funding and Development, Unity Bankcard Services LLC and Westbridge Mutual LLC |
| 2:2012cv10140 |
| November 28, 2012 |
| US District Court for the Central District of California |
| Charles F. Eick |
| Dean D. Pregerson |
| Racketeer/Corrupt Organization |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
16
ORDER GRANTING DEFENDANTS MOTION TO DISMISS 9 by Judge Dean D. Pregerson: The Court GRANTS the Divens Defendants motion to dismiss Plaintiffs RICO claim with prejudice.The Court also GRANTS the Divens Defendants motion to dismiss Plaintiffs fraud and breach of contract claims as to the Divens Defendants.Finally, because Plaintiffs RICO claim is pled against all Defendants and Plaintiff has insufficiently alleged an association-in-fact enterprise consisting of all Defendants, the RICO claim is dismissed with prejudice as to all remaining Defendants.Plaintiff cannot possibly win RICO damages against the remaining Defendants as he has failed to allege the existence of an enterprise. For the same reasons as with the state law claims against the Divens Defendants, the Court also dismisses the fraud, breach of contract, and negligence claims as to all remaining Defendants, without prejudice as to their re-filing in state court. ( MD JS-6. Case Terminated ) (lc) Modified on 4/18/2013 (lc).
|
|
Filing
13
ORDER DISMISSING PLAINTIFF HYDRO THERM by Judge Dean D. Pregerson that the claims by Plaintiff Brian Rubin and Plaintiff Hydro Therm Technologies Group, LLC,(Hydro Therm) do not arise from the same transaction or occurrence. The claims derive from distinct sets of facts and implicate distinct defenses. Accordingly, Plaintiff Hydro Therm is DISMISSED from this case. See Fed. R. Civ. P. 20, 21. Hydro Therm remains free to file an independent separate action. Should the separate action be filed, the court will accept the low number transfer. (lc). Modified on 3/21/2013 .(lc).
|
|
Filing
5
ORDER TO SHOW CAUSE RE: FEDERAL CLAIMS by Judge Dean D. Pregerson: The Court hereby orders Plaintiffs to file a Federal Claims Case Statement on or before Friday, January 4,2013. Failure to adequately respond to this Order may result in the dismissal with prejudice of all federal claims for relief Response to Order to Show Cause due by 1/4/2013. (SEE DOCUMENT FOR CIVIL RICO STATEMENT REQUIREMENTS). (lc). Modified on 12/18/2012 (lc).
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
