John Falkenstein v. Shipco Transport, Inc.
Filing
297
FINAL JUDGMENT IN FAVOR OF DEFENDANT SHIPCO TRANSPORT, INC. by Judge Beverly Reid O'Connell, Related to: Notice of Lodging, 295 Now therefore, IT IS ORDERED, ADJUDGED, AND DECREED that: Judgment is hereby entered in favor of defendant, Ship co Transport, Inc., and against plaintiff, John Falkenstein, in the action entitled Falkenstein v. Shipco Transport, Inc., U.S.D.C. Central District of California Case No. 2:13-cv-08052-BRO-JC; Plaintiff, John Falkenstein shall take nothing in this Action. Defendant Shipco Transport, Inc. is the prevailing party; and Defendant Shipco Transport, Inc. shall be allowed costs under Federal Rule of Civil Procedure 54 and 28 U.S.C. Section 1920, et seq. (MD JS-6, Case Terminated). (rfi)
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A Professional Corporation
San Francisco
Ropers Majeski Kohn & Bentley
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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LOS ANGELES DIVISION
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CASE NO. 2:13-cv-08052-BRO-JC
JOHN FALKENSTEIN, an
individual,
FINAL JUDGMENT IN FAVOR OF
DEFENDANT SHIPCO TRANSPORT,
INC.
Plaintiff,
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v.
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SHIPCO TRANSPORT, INC. a New
Jersey corporation,
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Defendants.
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Judge:
Ctrm.:
Hon. Beverly Reid O’Connell
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Action Filed: August 2, 2013
Trial Date: December 15, 2015
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FINAL JUDGMENT
On April 16, 2013, Plaintiff, John Falkenstein filed a complaint in this action
in the San Francisco Superior Court (S.F. Superior Ct. Case No. CGC-13-530670)
which was removed to the Northern District Court of California on August 2, 2013
(N.D. Cal. Case No. 13-cv-03605) and then transferred to this Court on October 24,
2013, and assigned the above Action number in this District. (Dkt. Nos. 16-17.) On
July 23, 2013, Plaintiff filed a First Amended Complaint in the above-entitled
action to which Defendant responded. On February 24, 2015, plaintiff John
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2:13-cv-08052-BRO-JC
4843-9891-5881.2
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FINAL JUDGMENT IN FAVOR OF SHIPCO
TRANSPORT, INC.
complaint in this action, alleging causes of action against defendant Shipco
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Transport, Inc. for Fraudulent Conveyance under California Civil Code Sections
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3439.05 and 3439.04, and for Resulting Trust. (Dkt. No. 93; hereafter, the
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“Complaint.”) On August 17, 2015, Defendant, Shipco Transport, Inc. filed its
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Motion for Summary Judgment. (Dkt. No. 232.) After briefing by both parties, on
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A Professional Corporation
San Francisco
Falkenstein filed a Second Amended Complaint herein, which is the operative
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Ropers Majeski Kohn & Bentley
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October 13, 2015, the Motion for Summary Judgment by defendant Shipco
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Transport, Inc. came on for hearing before this Court, the Honorable Beverly Reid
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O’Connell presiding. After considering the papers submitted in support of and in
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opposition to the Motion for Summary Judgment, as well as the oral arguments of
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counsel presented at the hearing, and the issues having been duly heard, this Court
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GRANTED the Motion for Summary Judgment in its entirety. (Dkt. No. 293.)
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Now therefore, IT IS ORDERED, ADJUDGED, AND DECREED that:
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1.
Judgment is hereby entered in favor of defendant, Shipco Transport,
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Inc., and against plaintiff, John Falkenstein, in the action entitled Falkenstein v.
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Shipco Transport, Inc., U.S.D.C. Central District of California Case No. 2:13-cv-
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08052-BRO-JC;
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2.
Plaintiff, John Falkenstein shall take nothing in this Action.
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3.
Defendant Shipco Transport, Inc. is the prevailing party; and
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4.
Defendant Shipco Transport, Inc. shall be allowed costs under Federal
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Rule of Civil Procedure 54 and 28 U.S.C. Section 1920, et seq.
IT IS SO ORDERED.
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DATED: October 26, 2015
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___________________________
HON. BEVERLY REID O’CONNELL
United States District Judge
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2:13-cv-08052-BRO-JC
4843-9891-5881.2
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FINAL JUDGMENT IN FAVOR OF SHIPCO
TRANSPORT, INC.
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