Stocco et al v. Gemological Institute of America, Inc. et al
| Frederick Stocco and Kathleen Stocco |
| Gemological Institute of America, Inc. and Does 1 through 100 |
| 3:2012cv01291 |
| May 29, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| David H. Bartick |
| William Q. Hayes |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
74
CLERK'S AMENDED JUDGMENT: IT IS SO ORDERED AND ADJUDGED that Defendant Gemological Institute of America's ("GIA") Motion for Summary Judgment is granted. Defendant's motion for summary judgment on Frederick Stocco's and Kathleen Stocco's ("the Stoccos") negligence claim is granted on the following grounds: (1) the negligence claim is barred by the applicable statute of limitations; (2) the Stoccos have failed to establish that Defendant owed them a du ty to file a certificate of coverage or make contributions to their U.S. Social Security accounts after April of 1992; and (3) the Stoccos have failed to raise a triable issue of fact as to any damages resulting from Defendant GIA's failure to f ile a certificate of coverage and failure to make contributions to the Stoccos' U.S. Social Security accounts after April 1992. Defendant's motion for summary judgment on the Stoccos' fraudulent misrepresentation claim is granted on th e following grounds: (1) the Stoccos' fraudulent misrepresentation claim is barred by the applicable statute of limitations; (2) the Stoccos have failed to raise a triable issue of fact as to Defendant GIA's intent to defraud them; and (3) the Stoccos have failed to create a triable issue of fact as to their damages resulting from Defendant GIA's alleged fraud. Defendant's motion for summary judgment on GIA Florence SRL's ("GIA Italy") breach of contract claim is granted on the following grounds: (1) GIA Italy was not an intended beneficiary of the Firgem Agreement; (2) GIA Italy was expressly precluded from opening a gem grading lab or performing GIA gem grading services at the time of the alleged breach by the 2009 Licensing Agreement; and (3) GIA Italy has failed to demonstrate it was damaged as a result of a breach of contract because it has failed to raise a triable issue of fact that a breach of contract occurred. The Court declines to exercise supplemental jurisdiction over Defendant Gemological Institute of America, Inc.'s state-law counterclaims. (mdc)
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Filing
73
CLERK'S JUDGMENT: IT IS SO ORDERED AND ADJUDGED that Defendant Gemological Institute of America, Inc.'s motion for summary judgment on GIA Florence SRL's (GIA Italy) breach of contract claim is granted on the following grounds: (1) GIA Italy was not an intended beneficiary of the Firgem Agreement; (2) GIA Italy was expressly precluded from opening a gem grading lab or performing GIA gem grading services at the time of the alleged breach by the 2009 Licensing Agreement; and (3) GIA Italy has failed to demonstrate it was damaged as a result of a breach of contract because it has failed to raise a triable issue of fact that a breach of contract occurred. The Court declines to exercise supplemental jurisdiction over Defendant Gemological Institute of America, Inc.'s state-law counterclaims. (mdc)
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Filing
71
ORDER: Defendant Gemological Institute of America's Motion for Summary Judgment (Doc. 46 ) is granted. Signed by Judge William Q. Hayes on 2/5/2015. (mdc)
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Filing
37
ORDER: The Motion to Dismiss (Doc. 33 ) filed by Defendant Gemological Institute of America, Inc. is granted as to claim four, and otherwise denied. Claim four of the Second Amended Complaint is dismissed. Signed by Judge William Q. Hayes on 9/24/2013. (mdc)
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Filing
28
ORDER: The Motion for Leave to File Second Amended Complaint and Add Party Plaintiff (Doc. 20 ) is GRANTED. No later than ten (10) days from the date this Order is filed, Plaintiffs may file the proposed Second Amended Complaint which is attached to the Motion for Leave to File Second Amended Complaint and Add Party Plaintiff. Signed by Judge William Q. Hayes on 5/15/2013. (mdc)
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Filing
14
ORDER: The Motion to Dismiss (Doc. 10 ) filed by Defendant Gemological Institute of America, Inc. is GRANTED. Claims three, four, five and six of the Complaint are dismissed. Signed by Judge William Q. Hayes on 1/3/2013. (mdc)
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