Ciena Capital Funding LLC v. DJR Properties, Inc., et al.
Filing
184
ORDER Directing Entry of Final Judgment and Closing Case, signed by Chief Judge Anthony W. Ishii on 7/1/2011. Tax Collector is DISMISSED; The Clerk enter judgment in favor of Plaintiff and against DJR, SBA, CIT, and Suraj Puri on the third claim; The Clerk enter judgment in favor of SBA and against DJR, Rajendra Ahuja, Jagdeep Singh and Darshan Singh with respect to SBAs cross-claim for breach of contract; and The Clerk close the case. CASE CLOSED. (Marrujo, C)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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HSBC BANK USA,
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Plaintiff,
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v.
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DJR PROPERTIES, INC. dba SUPER 8 )
MARIPOSA, et al.,
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Defendants.
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____________________________________)
1:09-CV-01239 AWI SKO
ORDER DIRECTING ENTRY
OF FINAL JUDGMENT AND
CLOSING CASE
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BACKGROUND
On June 25, 2009 Plaintiff HSBC Bank USA (“Plaintiff”) filed a First Amended
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Complaint (“FAC”) in Mariposa County Superior Court against Defendants DJR Properties, Inc.,
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(“DJR”), the United States Small Business Administration (“SBA”), CIT Small Business
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Lending Corp. (“CIT”), Singh Corporation, Neil Advani, Suraj Puri, Kawaljit Singh, Harinder
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Kaur, the Mariposa Public Utility District (“MPUD”), and the Tax Collector of Mariposa County
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(“Tax Collector”). In the FAC, Plaintiff brought causes of action for (1) Judicial Foreclosure of
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Real Property; (2) Judicial Foreclosure of Security Interest; (3) Declaratory Relief; (4)
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Appointment of Receiver; and (5) Injunction in Aid of Receiver. The first and second causes of
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action were brought only against DJR. Causes of action three, four and five were brought against
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all Defendants. On July 16, 2009, SBA removed the case to this Court.
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On November 10, 2009, the SBA filed an amended answer to the FAC and its cross-
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claims for judicial foreclosure and breach of contract against Cross-Defendants DJR, Rajendra
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Ahuja, Jagdeep Singh, Gurvinder Aujla, Gurdial Singh, Fairway Body Shop & Sales and Darshan
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Singh. On December 17, 2009, Plaintiff filed a Notice of Dismissal with respect to Neil Advani.
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The Court entered an order dismissing Neil Advani on December 21, 2009.
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On November 16, 2010, Plaintiff moved for summary judgment on its third cause of
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action for declaratory relief against DJR, SBA, CIT, Suraj Puri and MPUD. On November 17,
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2010, SBA moved for summary judgment on its cross-claims for judicial foreclosure and breach
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of contract against DJR, Rajendra Ahuja, Jagdeep Singh and Darshan Singh. On January 20,
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2011, the Court granted Plaintiff’s motion, granted SBA’s motion with respect to its breach of
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contract claim, and dismissed MPUD from the action.
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On February 1, 2011, SBA filed a notice of voluntary dismissal of Cross-Defendants
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Gurvinder Aujla, Gurdial Singh and Fairway Body Shop & Sales. The Court granted the
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dismissal of these Cross-Defendants on February 7, 2011.
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On February 11, 2011, Plaintiff, SBA, and DJR entered into that certain
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Stipulation for Dismissal of Fourth and Fifth Claims for Relief (the “Stipulation to Dismiss
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Claims 4 and 5”) seeking to dismiss Plaintiff’s claims for appointment of a receiver and an
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injunction in aid of the receiver. On February 15, 2011, the Court entered an order approving the
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Stipulation to Dismiss Claims 4 and 5.
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On February 17, 2011, Plaintiff filed a Notice of Dismissal with respect to Singh
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Corporation and Suraj Puri. On February 18, 2011, Plaintiff filed an Amended Notice of
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Dismissal indicating that it had only intended to dismiss Singh Corporation in the Notice of
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Dismissal.
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On March 4, 2011, Plaintiff and DJR filed a Stipulation to Dismiss First and Second
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Claims for Relief against DJR (the “Stipulation to Dismiss Counts 1 and 2”). The Court entered
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an order approving the Stipulation to Dismiss Counts 1 and 2 on March 9, 2011. On April 15,
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2011, Plaintiff filed a Motion to Dismiss Kawaljit Singh and Harinder Kaur. The Court entered
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an order dismissing Kawaljit Singh and Harinder Kaur on April 19, 2011.
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On April 21, 2011, Plaintiff moved for partial final judgment pursuant to Rule 54(b) of
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the Federal Rules of Civil Procedure. On May 3, 2011, the SBA also moved for partial final
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judgment pursuant to Rule 54(b). On June 8, 2011, the Court vacated the June 13, 2011 hearing
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date for Plaintiff and SBA’s motions for partial final judgment and instructed Plaintiff and SBA
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to file a stipulated judgment or a status report. Subsequently, on June 22, 2011, Plaintiff filed a
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status report with the Court.
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DISCUSSION
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1.
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In the FAC, Plaintiff brought causes of action for (1) Judicial Foreclosure of Real
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Property; (2) Judicial Foreclosure of Security Interest; (3) Declaratory Relief; (4) Appointment of
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Receiver; and (5) Injunction in Aid of Receiver. The first and second causes of action were
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brought only against DJR and the remaining causes of action were brought against all
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Defendants. On November 17, 2010, Plaintiff moved for summary judgment on its third cause of
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action for declaratory relief against DJR, SBA, CIT, Suraj Puri and MPUD, but not the Tax
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Collector, Singh Corporation, Kawaljit Singh or Harinder Kaur. The Court granted Plaintiff’s
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motion on January 20, 2011. Subsequently, Plaintiff stipulated to dismiss the first, second,
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fourth and fifth causes of action and stipulated to dismiss Defendants Singh Corporation,
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Kawaljit Singh and Harinder Kaur.
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Entry of Final Judgment with respect to Plaintiff’s FAC
After these dismissals, the only remaining issue is the third cause of action for declaratory
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relief against the Tax Collector. In the June 22, 2011 status report, Plaintiff seeks to dismiss the
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Tax Collector from the action. Status Report at 6:4-5. The Court construes this as a request for a
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voluntary dismissal under Rule 41(a)(i) of the Federal Rules of Civil Procedure. Under Rule
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41(a)(i), a plaintiff may dismiss an action without a court order by filing a notice of dismissal
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before the opposing party serves either an answer or a motion for summary judgment. Tax
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Collector has not filed an answer or motion for summary judgment in this case and it appears that
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no such answer or summary judgment has been served. Therefore, the Tax Collector is
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dismissed from this action.
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In light of the dismissal of the Tax Collector, the Clerk is directed to enter judgment in
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favor of Plaintiff and against DJR, SBA, CIT and Suraj Puri on the third claim for relief pursuant
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to the Court’s January 20, 2011 order.
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2.
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On November 10, 2009, SBA filed cross-claims for judicial foreclosure and breach of
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Entry of Final Judgment with respect to SBA’s Cross-Claims
contract against Cross-Defendants DJR, Rajendra Ahuja, Jagdeep Singh, Gurvinder Aujla,
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Gurdial Singh, Fairway Body Shop & Sales and Darshan Singh. On November 17, 2010, SBA
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moved for summary judgment on its cross-claims against DJR, Rajendra Ahuja, Jagdeep Singh
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and Darshan Singh. On January 20, 2011, the Court granted SBA’s motion for summary
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judgment with respect to breach of contract and denied SBA’s motion with respect to judicial
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foreclosure. Subsequently, SBA filed a notice of voluntary dismissal of the remaining three
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cross-defendants, which the Court granted on February 7, 2011. In light of these dismissals, the
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Clerk is directed to enter judgment in favor of SBA and against DJR, Rajendra Ahuja, Jagdeep
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Singh and Darshan Singh with respect to SBA’s cross-claim for breach of contract pursuant to
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the Court’s January 20, 2011 order.
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CONCLUSION
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Accordingly, THE COURT HEREBY ORDERS that:
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Tax Collector is DISMISSED from the action;
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The Clerk enter judgment in favor of Plaintiff and against DJR, SBA, CIT, and
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Suraj Puri on the third claim for relief pursuant to the Court’s January 20, 2011
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order;
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The Clerk enter judgment in favor of SBA and against DJR, Rajendra Ahuja,
Jagdeep Singh and Darshan Singh with respect to SBA’s cross-claim for breach of
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contract pursuant to the Court’s January 20, 2011 order; and
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The Clerk close the case.
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IT IS SO ORDERED.
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Dated:
0m8i78
July 1, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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