Palmdale 3D, LLC v. Black Diamond Financial Group, LLC et al
| Palmdale 3D, LLC |
| Black Diamond Financial Group, LLC, Black Diamond Holdings, LLC, Does, Eastern Resources, Inc. and Patrick Imeson |
| 2:2015cv02757 |
| April 16, 2015 |
| US District Court for the Central District of California |
| Paul L. Abrams |
| Michael W. Fitzgerald |
| Contract: Other |
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Filing
27
MINUTES (IN CHAMBERS): ORDER GRANTING IN PART AND DENYING IN PART RE MOTION TO DISMISS; DENYING MOTION FOR JUDGMENT ON THE PLEADINGS; AND CONSOLIDATING CASES by Judge Michael W. Fitzgerald: The Court DENIES the Calamos Motion for Judgment on the Plea dings (filed under CV 14-07523 MWF) and the Imeson Motion for Judgment on the Pleadings (filed under CV 14-07523 MWF). The Court GRANTS in part, and DENIES in part the Black Diamond Motion for Failure to State a Claim Pursuant to F.R.C.P. 12(b)(6) [1 9]. Specifically, the Court GRANTS the Black Diamond Motion as to Palmdale's second claim of relief for fraud, with leave to amend and DENIES the Black Diamond Motion as to Palmdale's first claim for relief. The Court hereby consolidates th e following actions, CV 1407523 MWF (PLAx) and CV 1502757 MWF (PLAx), into a single action that shall be captioned Palmdale 3D LLC v. John P Calamos et al. CV 1407523 MWF (PLAx). The actions are consolidated for all purposes, including discovery, pre trial proceedings, and trial. Going forward, the parties shall make all filings in Case No. CV 14-07523 MWF (PLAx) only. Palmdale may proceed on its remaining claim against the Black Diamond Defendants or may file a First Amended Complaint as to its dismissed second claim for fraud. Palmdale shall file its First Amended Complaint within 14 days of the filing of this Order should it wish to do so, or inform the Court and Defendants of its intent to proceed on its remaining claim by that date. Def endants shall file a response no later than 21 days after Palmdale files its First Amended Complaint. Any further motion to dismiss shall be addressed solely to any new allegations in the First Amended Complaint. If Plaintiff declines to file a First Amended Complaint, the Black Diamond Defendants shall file their Answer no later than 14 days after receiving notice of Palmdale's intent to proceed on the remaining claims in its Complaint. Court Reporter: Not Reported. (gk)
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Filing
10
ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION by Judge Beverly Reid O'Connell. Plaintiff's allegations are insufficient to demonstrate complete diversity among the parties. Accordingly, the Court ORDERS Plaintiff to show cause as to why this case should not be dismissed for lack of subject matter jurisdiction. An appropriate response to this Order will: (1) identify each owner or member of Plaintiff and Black Diamond Defendants and allege their respective states of citizenshi p; (2) allege Defendant Patrick Imeson's state of domicile; and (3) allege Defendant Eastern Resources, Inc.'s principal place of business. Plaintiff's response to this Order shall be filed by no later than Tuesday, April 28, 2015, at 4:00 p.m. IT IS SO ORDERED. (jloz)
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