Goldman et al v. Seawind Group Holdings Pty Ltd et al

Filing 110

ORDER DISMISSING CERTAIN COUNTERCLAIMS AND SETTING NEW TRIAL DATE (Illston, Susan) (Filed on 2/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WAYNE GOLDMAN, et al.,

Case No. 13-cv-01759-SI

Plaintiffs,
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v.
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United States District Court
Northern District of California

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SEAWIND GROUP HOLDINGS PTY LTD,
et al.,

ORDER DISMISSING CERTAIN
COUNTERCLAIMS AND SETTING
NEW TRIAL DATE

Defendants.

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The Court has received the parties' February 13, 2015 letter. In that letter, defendants state

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that they concede that their first, third and fourth counterclaims have been defeated as a matter of

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law as a result of the Court's summary judgment ruling, and they request that those counterclaims

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be dismissed at this time.

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Defendants also state that their damages under the second counterclaim remain to be tried,

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as do their claims for declaratory and injunctive relief pursuant to the fifth counterclaim. The fifth

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counterclaim seeks a declaration "that Plaintiffs have no justiciable claim against them related to

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the sale and construction of their sailboat, and to enjoin them from bringing any further such

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claims." Counterclaim ¶ 73. A district court has discretion to decline jurisdiction over a claim for

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declaratory relief. 28 U.S.C. § 2201(a); Wilton v. Seven Falls Co., 515 U.S. 277, 282 (1995).

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Based upon the record of these proceedings, including the facts that there are proceedings

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currently pending in Singapore and that defendants are pursuing claims for damages, the Court

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finds it appropriate to decline jurisdiction over the fifth counterclaim. Accordingly, the Court

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DISMISSES the first, second, fourth and fifth counterclaims.

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The parties also request that the Court vacate the March 17, 2015 trial date to allow them

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to pursue settlement, and they state that they have scheduled settlement conferences for March 20,

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2015 and May 4, 2015 (if necessary). The Court hereby VACATES the March 17, 2015 trial date

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and reschedules the trial to begin on May 18, 2015. The final pretrial conference is scheduled for

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May 12, 2015 at 3:30 p.m.

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Finally, plaintiffs request guidance regarding the timing and procedures to be followed

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with regard to seeking a default judgment against defendant Koch. Plaintiffs should file a motion

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for default judgment, supported by declarations and any other evidence as necessary to prove

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plaintiffs' damages. The hearing shall be set for 3:30 p.m. on a day that is at least 90 days from

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the date of this order. In noticing the motion for a hearing, plaintiffs should contact the Court's

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clerk, Tracy Kasamoto, to select an appropriate date.

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: February 17, 2015
______________________________________
SUSAN ILLSTON
United States District Judge

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