The Wimbledon Fund, SC CLass TT v. Graybox LLC et al

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).

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:15-cv-6633-CAS (SSx);
Date  June 27, 2019
C/W: 2:16-cv-02287-CAS(SSx)
THE WIMBELDON FUND, SPC (CLASS TT) v. GRAYBOX, LLC ET
AL.; C/W: THE WIMBELDON FUND, SPC (CLASS TT) v. DAVID
BERGSTEIN; ET AL.

Present: The Honorable 
Catherine Jeang 
Deputy Clerk 

CHRISTINA A. SNYDER 

Attorneys Present for Plaintiffs: 

N/A 

Tape No. 

Attorneys Present for Defendants: 

Not Present 

Not Present 

Proceedings:  

Not Present 
Court Reporter / Recorder 

(In Chambers) THIRD-PARTY DEFENDANTS’ MOTIONS TO
DISMISS (Dkts. [ 380 ], [381 ], [ 382 ], filed on December 20,
2018)

On November 15, 2018, third-party plaintiffs Graybox, LLC. (“Graybox”), David
Bergstein (“Bergstein”), and Eugene Scher, as trustee of the Bergstein Trust (“Scher”),
filed an amended third-party complaint against against Weston Capital Asset
Management, LLC and Weston Capital Management ( “Weston”), Société Générale
Private Banking Suisse (“SG Suisse”), Swiss Financial Services (Bahamas) LTD, Albert
and Jeffrey Hallac (collectively, the “Hallacs”), and Keith Wellner. Dkt. 375. Thirdparty plaintiffs alleged claims for (1) equitable indemnity against all defendants; (2)
contribution against all defendants; (3) fraudulent misrepresentation against the Hallacs,
Wellner, and Weston; and (4) negligent misrepresentation against SG Suisse. Id. ¶¶ 123–
55.
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 amend 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 sought 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 fourteen (14) days of the date of the order.

CV-6633 (07/18)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:15-cv-6633-CAS (SSx);
Date  June 27, 2019
C/W: 2:16-cv-02287-CAS(SSx)
THE WIMBELDON FUND, SPC (CLASS TT) v. GRAYBOX, LLC ET
AL.; C/W: THE WIMBELDON FUND, SPC (CLASS TT) v. DAVID
BERGSTEIN; ET AL.

To date, third-party plaintiffs have not filed an amended complaint, and the
deadline has now passed. Accordingly, the Court DISMISSES third-party plaintiffs’
claims for fraudulent misrepresentation and for negligent misrepresentation with
prejudice.
IT IS SO ORDERED.
Initials of Preparer 

CV-6633 (07/18)

CIVIL MINUTES - GENERAL

: 
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                      CMJ 

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