Tim Bekins et al v. Dmitry Zheleznyak et al

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)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:15-cv-04478-CAS-AS
Date December 9, 2016
TIM BEKINS, ET AL. v. DMITRY ZHELEZNYAK, ET AL.

Present: The Honorable 
Catherine Jeang 
Deputy Clerk 

CHRISTINA A. SNYDER 

N/A 

Tape No.

Attorneys Present for Defendants: 

Not Present 
Court Reporter / Recorder

Attorneys Present for Plaintiffs: 

Not Present 
Not Present 
(IN CHAMBERS) - DEFENDANT JEFF BECKER’S MOTION
Proceedings:  
FOR LEAVE TO FILE COUNTERCLAIM AGAINST PLAINTIFF
TAMI DONALD (Dkt. 73, filed November 7, 2016)
The Court finds this motion appropriate for decision without oral argument. See
Fed. R. Civ. P. 78; C.D. Cal. Local Rule 7-15. Accordingly, the hearing date of
December 12, 2016 is vacated, and the matter is hereby taken under submission.

On June 12, 2015, plaintiffs Tim Bekins, Tami Donald, and Reba Barber-Money,
proceeding pro se, initiated this action against defendants Jeff Becker, Dmitry
Zheleznyak, Kristina Bucic, and Pavel Ryabov. Dkt. 1. In brief, plaintiffs allege that
they were California-based sales representatives of Akvinta USA, Inc. (“Akvinta”), a
vodka corporation, but that they were not paid their salaries or reimbursed for their
expenses from the end of 2013 through 2015. Plaintiffs also allege that defendants
Zheleznyak and Becker are the alter egos of Akvinta.
On October 9, 2015, plaintiffs filed a first amended complaint (“FAC”) removing
Pavel Ryabov as a defendant in this action. Dkt. 11. On November 2, 2015, the
remaining defendants moved to dismiss this action on the grounds that, among other
things, the FAC failed to name a necessary party––Akvinta. Dkt. 15. On January 11,
2016, the Court granted this motion without prejudice and provided plaintiffs with leave
to file an amended complaint naming Akvinta as a defendant in this action. Dkt. 29.
On January 14, 2016, plaintiffs filed the operative Second Amended Complaint
(“SAC”) against defendants Becker, Zheleznyak, and Akvinta (collectively,
“defendants”). Dkt. 31. The SAC asserts claims for (1) breach of contract; (2) fraud;

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:15-cv-04478-CAS-AS
Date December 9, 2016
TIM BEKINS, ET AL. v. DMITRY ZHELEZNYAK, ET AL.

(3) deceit; (4) misrepresentation; (5) negligent misrepresentation; (6) breach of the
covenant of good faith and fair dealing; (7) money had and received; (8) violation of
California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq.; and (9)
violation of the federal Fair Labor Standards Act (“FLSA”). Id.
On February 1, 2016, defendants filed a motion to dismiss and to strike the SAC.
Dkt. 34. On February 29, 2016, plaintiffs filed an opposition, dkt. 38, and on March 7,
2016, defendants filed a reply, dkt. 42. On March 21, 2016, the Court granted in part and
denied in part defendants’ motion to strike and motion to dismiss. Dkt. 44. Specifically,
the Court granted without prejudice defendants’ motion to dismiss plaintiffs’ claims for
breach of the implied covenant of good faith and fair dealing and for money had and
received. Id. The Court granted with prejudice defendants’ motion to dismiss plaintiffs’
claim for violation of the FLSA. The Court denied defendants’ motion in all other
respects. Id.
On May 4, 2016, Becker filed an amended answer to plaintiffs’ SAC. Dkt. 56
(“Becker’s Amended Answer”). In his answer, Becker asserts cross-claims against
Zheleznyak and Akvinta. Id. at 18–23.
On November 7, Becker timely filed a motion for leave to file counterclaims
against Donald.1 Dkt. 73 (“Motion”). Donald filed her opposition on November 23,
2016, though it was due by November 21, 2016. Dkt. 76 (“Opp’n”). On November 28,
2016, Becker filed a reply in the nature of a notice of a non-opposition, dkt. 75,
apparently because Becker had not yet received Donald’s opposition by mail. On
December 9, 2016, Donald filed a withdrawal of her opposition to Becker’s motion. Dkt.
76.
Because Donald no longer opposes Becker’s motion, and keeping in mind the
liberal amendment standard of Federal Rule of Civil Procedure 15, the Court GRANTS
Becker’s motion for leave to file counterclaims against Donald. Becker’s Proposed

1

The deadline to request leave to file amended pleadings is December 1, 2016, the
factual discovery cut-off is July 18, 2017, and a court trial is scheduled to begin on
December 5, 2017. See dkt. 72.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:15-cv-04478-CAS-AS
Date December 9, 2016
TIM BEKINS, ET AL. v. DMITRY ZHELEZNYAK, ET AL.

Counterclaim, dkt. 73-1 Ex. A, is deemed filed and Becker is ordered to serve Donald
forthwith.
IT IS SO ORDERED.
Initials of Preparer

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