The Wimbledon Fund, SC CLass TT v. Graybox LLC et al
| The Wimbledon Fund, SC CLass TT |
| Cascade Technologies Corp., Graybox LLC, Integrated Administration and Eugene Scher |
| 2:2015cv06633 |
| August 28, 2015 |
| US District Court for the Central District of California |
| Christina A. Snyder |
| Andrew J. Wistrich |
| Contract: Other |
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Filing
439
JUDGMENT by Judge Christina A. Snyder: 1. Plaintiffs Motion for Summary Judgment is GRANTED as set forth in the Courts Civil Minutes [Dkt. No. 426].2. Defendant Kiarash Jams Motion for Summary Judgment is DENIED asset forth in the Courts Civil Minute s [Dkt. No. 426]. 3. Defendant Kiarash Jam is hereby declared jointly and severally liable, pursuant to Tex. Bus. Orgs. Code Ann. § 21.223 (b), for the contractual obligations owed by Swartz IP Services Group Inc., a/k/a Advisory IP Services Inc . (SIP) to Wimbledon, which arose out of the Note Purchase Agreement, entered into by Wimbledon and SIP in November 2011. 4. Judgment is awarded in favor of Plaintiff The Wimbledon Fund, SPC (Class TT) and against Defendant Kiarash Jam in the amounts which aredue and owing, minus amounts received in partial satisfaction, on thejudgment Plaintiff The Wimbledon Fund, SPC (Class TT) obtainedagainst SIP on November 24, 2015 in the Supreme Court of the State ofNew York, County of New York, Index No. 650446/2013 (the SIPJudgment), after Wimbledon sued SIP for breach of contract. Theparties have stipulated that this sum equals $17,666,791.61, dkt. Judgment is awarded in favor of Plaintiff, The Wimbledon Fund, SPC(Class TT) and against Defendant, Integrated Administration for$2,320,000.00, which amount consists of the fraudulent conveyances thatIntegrated Administration received from SIP. (lc)
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Filing
435
MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder:THIRD-PARTY DEFENDANTS MOTIONS TO DISMISS (Dkts. 380, 381, 382, filed on December 20,2018).On June 6, 2019, the Court dismissed the claims for equitable indemnification and contribution, alleged against Weston, SG Suisse, the Hallacs, and Wellner, with prejudice. The Court dismissed without prejudice the claim for negligent misrepresentation, alleged against SG Suisse, because third-party plaintiffs failed to seek leave of the Court to amen d their pleading to add that claim, and because the claim was barred by the statute of limitations. The Court also dismissed the claim for fraudulent misrepresentation, with leave to amend, as time-barred. To the extent that third-party plaintiffs so ught to amend their allegations to allege facts that demonstrated that their claims were not time-barred, the Court directed third-party plaintiffs to file an amended complaint within 14 days of the date of the order. To date, third-party plaintiffs have not filed an amended complaint deadline has now passed. Accordingly, the Court DISMISSES third-party plaintiffs claims for fraudulent misrepresentation and for negligent misrepresentation with prejudice. (lc). Modified on 6/28/2019. (lc).
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Filing
428
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: RE THIRD-PARTY DEFENDANTS MOTIONS TO DISMISS (Dkts. [ 380 ], [381 ], [ 382 ], filed on December 20,2018). The Court hereby DISMISSES third-party plaintiffs claims for equitable indemnification and contribution with prejudice. The Court also DISMISSES third-party plaintiffs claim for negligent misrepresentation without prejudice. Third-party plaintiffs claim for fraudulent misrepresentation is DISMISSED with leave to amend. Third-party plaintif fs may amend their allegations to allege facts that demonstrate that this claim is not time-barred, and their amended complaint is due within 14 days of the date of this order. Third-party plaintiffs ex parte application is DENIED as moot 410 . (lc). Modified on 6/7/2019. (lc).
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Filing
426
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: RE PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 408 AND DEFENDANTS JAM AND INTEGRATED ADMINISTRATIONS MOTION FOR SUMMARY JUDGMENT 409 . The Court GRANTS summary judgment in Wimbledons favor on Wimbledons declaratory relief claim against Jam. The Court GRANTS summary judgment on Wimbledons fraudulent transfer claim against IA. (lc)
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Filing
397
MINUTES (IN CHAMBERS)THIRD PARTY DEFENDANTS' MOTIONS TO DISMISS (Dkts. 380 , 381 , 382 , filed on December 20, 2018) ; DEFENDANTS JAM AND INTEGRATED ADMINISTRATION'S MOTION FOR LEAVE TO AMEND (Dkt. 386 , filed on January 22, 2019); M OTION TO WITHDRAW AS COUNSEL (Dkt. 388 , filed on January 28, 2019) by Judge Christina A. Snyder. In accordance with the foregoing, the Court directs the parties to pursue jurisdictional discovery, and RESERVES ruling on third party defendants& #039; motions to dismiss until the jurisdictional discovery is completed. The discovery period shall not exceed forty-five (45) days and the scope of discovery is limited to actions related to the forum-based negotiations, transactions, meetings and other events at issue in this case. Seven (7) days after the forty-five (45) day discovery period closes, plaintiff shall file memorandums not to exceed ten (10) pages, setting forth facts demonstrating the availability of personal jurisdiction . Third-party defendants, in their individual capacities, can respond seven days thereafter, also by filing a memorandum not to exceed ten (10) pages. The parties are directed not to submit any further briefing on the other grounds underlying thei r motion to dismiss. The Court DENIES Jam and IAs motion for leave to amend. The Court GRANTS HYGM's motion to withdraw. The moving parties are hereby ordered to provide the Hallac defendants with notice of the Court's order in accordance with Local Rule 83-2.3.4. Since Weston is a corporate entity, and as such may not appear pro se, the moving parties are ordered to inform Weston that it must retain new counsel within thirty (30) days of the date this order takes effect. The mo ving parties shall advise Weston that its failure to retain new counsel or otherwise respond within thirty (30) days may result in the imposition of sanctions or the entry of default. The moving parties shall attach a copy of this order to the letter, and shall otherwise comply with all applicable rules of professional responsibility. IT IS SO ORDERED. (lom)
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Filing
186
MINUTES (IN CHAMBERS) - INTERVENOR SULMEYERKUPETZ'S MOTION TO INTERVENE by Judge Christina A. Snyder. The Court finds this motion appropriate for decision without oral argument 168 . Accordingly, the hearing date of August 15, 2016, is vacated, and the matter is hereby taken under submission. In accordance with the foregoing, the Court DENIES SulmeyerKupetz's motion to intervene in this action. (iv)
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Filing
82
MINUTES OF IN CHAMBERS ORDER by Judge Christina A. Snyder RE: Defendants Cascade technologies Corp, Graybox LLC, and Eugene Scher's Motion to Dismiss Plaintiff's Complaint 71 ; Defendant Integrated Administration's Motion to Dismiss Plaintiff's Complaint 72 . Defendants' Motions to Dismiss are DENIED. The hearing date of 11/23/2015 at 10:00 AM is VACATED. Court Reporter: Not Present. (gk)
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Filing
70
MINUTES (IN CHAMBERS)- EX PARTE APPLICATION FOR STAY SUPPLEMENTAL BRIEFING RE: REQUIREMENT OF A BOND 61 ; FINAL ORDER GRANTING PRELIMINARY INJUNCTION by Judge Christina A. Snyder. The Court finds that staying the effect of its order granting Wimb ledon's request for a preliminary injunction is not appropriate at this time and DENIES Graybox's application 61 . IT IS HEREBY ORDERED that defendants, as well as their officers, agents, servants, employees, and attorneys, and all oth er persons or entities in concert or participation with any of them whether acting directly or through any corporation or other entity, subsidiary, division, or other device, including but not limited to, fictitious business names, is ENJOINED from transferring, either directly or indirectly, $2,412,000 out of any of defendants' accounts upon receipt of the Settlement Funds. This injunction further extends to the client trust account of Graybox's attorney, Katzman, and his la w firm, BMK. Moreover, defendants and all of the aforementioned persons or entities are ENJOINED from taking any actions that would direct the Settlement Funds outside the scope of the Courts injunction or cause, in any manner, the dissipation of the Settlement Funds before they are deposited in the accounts of any of defendants, their attorneys or any other persons or entities connected with defendants. As security for this injunction, Wimbledon is ordered to post a bond of $100,000. (lom)
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Filing
56
MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Plaintiff's motion for a preliminary injunction 16 is GRANTED. Plaintiff is directed to submit a proposed order granting the requested injunction. In addition, the parties are instructed to submit additional briefing, not to exceed 10 pages, regarding an appropriate bond, if any. Court Reporter: Not Present. (gk)
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