Peter Benke v. Departure Agency, Inc. et al

Filing 187

ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT IN PART AND GRANTING INPART 144 , 145 by Judge Dean D. Pregerson . (lc). Modified on 1/3/2013 (lc).

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1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 PETER BENKE, 12 13 14 15 16 17 18 Plaintiff, v. DEPARTURE AGENCY, INC.; DIGITARIA INTERACTIVE, INC.; HYATT HOTELS CORPORATION; MICHAEL KELLY; KELLY CAPITAL, LLC; KELLY CAPITAL INVESTMENTS, LLC; THE ANDAZ HOTEL, Defendants. ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 11-00397 DDP (VBKx) ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT IN PART AND GRANTING IN PART [Dkt. Nos. 144, 145] 19 20 Presently before the court are two separate Motions for 21 Summary Judgment, one filed by Defendants Digitaria Interactive, 22 Inc. (“Digitaria”) and the other by Defendants and Cross-Defendants 23 Michael Kelly (“Kelly”), Kelly Capital, LLC (“Kelly Capital”) and 24 Kelly Capital Investments, LLC (“Kelly Investments”) (collectively, 25 the “Kelly Defendants”).1 26 27 Having reviewed the submissions of the parties, the court concludes that as of the time Digitaria’s motion was filed, prior 28 1 All moving parties are represented by the same counsel. 1 to the close of discovery, there remain disputed issues of material 2 fact regarding the relationship between Digitaria and Defendant 3 Departure Agency, Inc. 4 without prejudice. 5 Digitaria’s motion is, therefore, DENIED Similar questions remain regarding the nature of the 6 relationship between Kelly Capital and non-moving Defendant Kelly 7 Hospitality, Inc. 8 Capital with Kelly Investments. 9 material fact regarding links between Kelly or Kelly Investments Plaintiff, however, appears to conflate Kelly There are no triable issues of 10 and Kelly Capital. The Kelly Defendants’ motion is therefore 11 GRANTED in part, insofar as it seeks summary judgment on claims 12 against Defendants Michael Kelly and Kelly Capital Investments, 13 LLC. 14 judgment in favor of Kelly Capital, LLC, the Motion is DENIED 15 without prejudice. To the extent the Kelly Defendants’ motion seeks summary 16 17 18 19 20 IT IS SO ORDERED. 21 22 23 Dated: January 3, 2013 DEAN D. PREGERSON United States District Judge 24 25 26 27 28 2

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