Tim Bekins et al v. Dmitry Zheleznyak et al
| Reba Barber-Money, Tim Bekins and Tami Donald |
| Jeff Becker, Kristina Bucic, Pavel Ryabov and Dmitry Zheleznyak |
| 2:2015cv04478 |
| June 12, 2015 |
| US District Court for the Central District of California |
| Alka Sagar |
| Christina A. Snyder |
| Other Fraud |
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Filing
136
MINUTES OF PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT AGAINST DMITRY ZHELEZNYAK AND AKVINTA USA, INC 133 held before Judge Christina A. Snyder. The Court GRANTS plaintiffs Bekins and Donald's motion for default judgment with respect to their claims for (1) breach of contract, (2) fraud, (3) deceit, (4) misrepresentation, and (5) negligent misrepresentation against defendants Zheleznyak and Akvinta. The Court DENIES plaintiff's motion for default judgment with respect to plaintiffs' remaining claims. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment be entered in favor of plaintiffs Bekins and Donald. Defendants Zheleznyak and Akvinta shall be jointly and severally liable to plaintiff Bekins in the amo unt of $107,623 and to plaintiff Donald in the amount of $142,351. Plaintiffs shall submit a proposed judgment in accordance with this Order. IT IS FURTHER ORDERED that this Court retains jurisdiction over any matter pertaining to this judgment. Plaintiff shall submit to the Clerk of Court a request identifying the taxable costs it has incurred. Court Reporter: Laura Elias. (lom)
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Filing
129
MINUTES (IN CHAMBERS) - ORDER STRIKING ANSWERS, COUNTERCLAIM, AND ENTERING DEFAULT AGAINST DEFENDANTS DMITRY ZHELEZNYAK AND AKVINTA USA, INC. by Judge Christina A. Snyder: On 12/11/2017, the Court issued an Order to Show Cause ("OSC") direc ting defendant Dmitry Zheleznyak to show cause in writing not later than 1/5/2018 why his answer should not be stricken and default be entered against him for not appearing at a Court-ordered hearing on 12/11/2017 123 . In addition, the Court ordere d defendant Akvinta USA, Inc. ("Akvinta") to show cause not later than 1/5/2018 why its answer and counterclaim should not be stricken and default be entered against it for not retaining counsel nor having counsel appear on its behalf at th e Court-ordered hearing on 12/11/2017. Neither Zheleznyak nor Akvinta have filed a response to the OSC. Accordingly, the Court STRIKES Zheleznyak's answer and Akvinta's answer and counterclaim 46 , ENTERS DEFAULT against Zheleznyak and Akvinta, and DIRECTS plaintiffs to file an application for entry of default judgment against Zheleznyak and Akvinta. Court Reporter: Not Present. (gk)
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Filing
109
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Benjamin Taylor's Motion to Be Relieved as Counsel for Defendant Dmitry Zheleznyak and Akvinta USA, Inc. 107 is GRANTED. The Court hereby relieves Benjamin Taylor as counsel for defendants. Z heleznyak may "appear pro se or appoint another attorney by a written substitution." However, Akvinta is a corporate entity and therefore may not appear pro se. Counsel shall serve a copy of this minute order on both Zheleznyak and Akvinta forthwith, notifying Akvinta of its obligation to obtain counsel within 30 days of the date of this order. Court Reporter: Not Present. (gk)
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Filing
77
MINUTES (IN CHAMBERS) DEFENDANT JEFF BECKER'S MOTION FOR LEAVE TO FILE COUNTERCLAIM AGAINST PLAINTIFF TAMI DONALD by Judge Christina A. Snyder: The Court GRANTS Becker's motion for leave to file counterclaims against Donald 73 . Becker's Proposed Counterclaim, dkt. 73-1 Ex. A, is deemed filed and Becker is ordered to serve Donald forthwith. Court Reporter: Not Present. (gk)
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Filing
66
MINUTES (IN CHAMBERS) - MOTION TO WITHDRAW AS COUNSEL AND STAY PROCEEDINGS by Judge Christina A. Snyder: On 6/29/2016, Niehaus LLP and The Rogson Firm (collectively, "Withdrawing Counsel"), counsel for defendants Dmitry Zheleznyak and Akvin ta USA, Inc., filed a motion to withdraw as counsel of record in this action 61 . Upon the Court's review, it appears that it would pose an ethical violation for Withdrawing Counsel to continue representing Zheleznyak and Akvinta in this matter . Accordingly, the Court GRANTS Withdrawing Counsel's motion to withdraw as counsel. In addition, pursuant to Withdrawing Counsels request, the Court finds that a brief stay of these proceedings is appropriate so that defendants Zheleznyak and Akvinta may obtain new counsel. Accordingly, the Court hereby STAYS these proceedings for 60 days. Court Reporter: Not Present. (gk)
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Filing
44
MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint 34 . The Court GRANTS in part and DENIES in part defendants' motion to strike and motion to dismis s. Specifically, the Court GRANTS WITHOUT PREJUDICE defendants' motion to dismiss plaintiffs's claims for breach of the implied covenant of good faith and fair dealing and for money had and received. The Court GRANTS WITH PREJUDICE defendan ts' motion to dismiss plaintiffs' claim for violation of the FLSA. The Court DENIES defendants' motion in all other respects. If plaintiffs believe that they may cure the deficiencies in their claims for breach of the implied covenant of good faith and fair dealing and for money had and received, they are hereby granted 30 days in which to file an amended complaint addressing the deficiencies in those claims. Failure to file an amended complaint may result in dismissal of these claims with prejudice. Court Reporter: Laura Elias. (gk)
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Filing
29
MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court GRANTS WITHOUT PREJUDICE defendants' motion to dismiss 15 , without prejudice, on the grounds that plaintiffs have failed to join a necessary party pursuant to Federal R ule of Civil Procedure 19. Plaintiffs' motion for leave to amend 19 is therefore DENIED AS MOOT. However, the Court notes that plaintiffs' proposed Second Amended Complaint also fails to name Akvinta as a party in this case. Plaintiffs shall have 30 days to file an amended complaint addressing the deficiencies identified herein. Failure to do so may result in dismissal of plaintiffs' case with prejudice. Court Reporter: Laura Elias. (gk)
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