Rice Aircraft Services, Inc. v. Soars et al

Filing 47

ORDER signed by Magistrate Judge Deborah Barnes on 3/16/18: Within 21 days of the date of this order plaintiff shall file a supplemental memorandum. Plaintiff shall attach as an exhibit a copy of the most recent partnership agreement at issue in this action bearing the signatures of Robert Rice, Thach Nguyen, and Peter Wieland. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICE AIRCRAFT SERVICES, INC.,

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No. 2:14-cv-2878 MCE DB

Plaintiff,
v.

ORDER

PATRICK SOARS, et al.,

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Defendants.

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This action came before the court on March 16, 2018, for hearing of plaintiff’s motion for

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default judgment. (ECF No. 40.) Attorney Avalon Johnson Fitzgerald appeared on behalf of the

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plaintiff. No appearance was made by, or on behalf of, any defendant.

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Upon consideration of the arguments on file and those made at the hearing, and for the
reasons set forth on the record at that hearing, IT IS HEREBY ORDERED that:
1. Within 21 days of the date of this order plaintiff shall file a supplemental memorandum
addressing:
A. Why this court has personal jurisdiction over defendant Peter Wieland and
defendant Wieland Aviation Group.
B. If the basis for personal jurisdiction is the parties’ partnership agreement, does

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the language of that agreement provide this court with personal jurisdiction over the defendants

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for plaintiff’s claims of interference with plaintiff’s contractual relationship with the Philippine
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government, interference with plaintiff’s economic relationship with the Philippine government,

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and defamation.

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C. Does plaintiff still contend, as asserted in plaintiff’s September 28, 2017 Status

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Declaration, that the arbitration process with the government of the Philippines “will likely

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impact the amount of damages RICE ultimately suffers as the result of the WIELAND

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Defendants’ conduct and thus will impact the relief RICE would seek through a default judgment

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in this case.” (ECF No. 39 at 2.)

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2. Plaintiff shall attach as an exhibit a copy of the most recent partnership agreement at
issue in this action bearing the signatures of Robert Rice, Thach Nguyen, and Peter Wieland.
Dated: March 16, 2018

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DLB:6
DB\orders\orders.civil\rice2878.oah.031618

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