Embraceable You Designs v. First Fidelity Group, Ltd. et al
| Embraceable You Designs |
| DOES, First Fidelity Group, Ltd., First Fidelity Asset Group, LLC, Joseph W. Lekar, Simon Shaw, Michelle Dalton and M Dalton Fashions, Inc. |
| 2:2009cv03271 |
| May 8, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Los Angeles |
| Wright |
| Mumm |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Plaintiff |
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Filing
103
JUDGMENT by Judge Otis D Wright, II: In favor of Plaintiff EMBRACEABLE YOU DESIGNS, INC. and against Defendants MICHELLE DALTON and LYNN DALE BOGART in thetotal amount of $ 174,000.00 on the First Cause of Action for violation of Section 10(b) o f the Securities Exchange Act of 1934 and Rule 10b-5; on the Second Cause of Action for violation of California Corporations Code § 25130; on the Third Cause of Action for violation of California Corporations Code § 25401 and on the Fourth Cause of Action for common law fraud. Embraceable Yous claims under Section 20(a) of the Securities Exchange Act of 1934 and for money owed are hereby DISMISSED. Related to: Order on Motion for Summary Judgment,, 102 (MD JS-6, Case Terminated). (lc)
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Filing
102
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 96 by Judge Otis D Wright, II: the Court GRANTS Embraceable Yous motion with respect to its section 10(b) and Rule 10b-5 claim, as well as its California securities l aw claims and its common law fraud claim. The Court DENIES Embraceable Yous motion in regards to its section 20(a) claim and common count for money owed. Embraceable You is entitled to the $174,000 it is owed as a result of Dalton and Bogarts common law fraud and federal and state securities law violations. Embraceable You shall submit a proposed judgment consistent with this order no later than December 10, 2012. (lc) .Modified on 12/3/2012 (lc).
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Filing
93
MINUTES (IN CHAMBERS)RE ORDER TO SHOW CAUSE by Judge Otis D Wright, II: On April 6, 2011, the Court vacated a status conference set for April 11, 2011, and ordered Plaintiff to file a status report on April 11, 2011, and "every 3 months thereaft er." (ECF No. 89.) In spite of this direction, Plaintiff has filed status reports only on April 7, 2011; April 14, 2011; and April 22, 2012. Moreover, each status report has indicated Plaintiff's intention to file a motion for summary judgm ent, but a motion for summary judgment has yet to be filed. Plaintiff is therefore ORDERED TO SHOW CAUSE in writing no later than October 12, 2012, why this action should not be dismissed for lack of prosecution and violation of this Courts order to file periodic status reports. (jre)
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