Kapu Gems et al v. Diamond Imports, Inc. et al

Filing 129

ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT. Signed by Judge Maxine M. Chesney on 01/13/17. (mmclc2, COURT STAFF) (Filed on 1/13/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KAPU GEMS, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 15-cv-03531-MMC
ORDER DENYING PLAINTIFFS’
MOTION FOR SUMMARY JUDGMENT

v.
DIAMOND IMPORTS, INC., et al.,

Re: Dkt. No. 107

Defendants.

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Before the Court is plaintiffs Kapu Gems and Kapu Gems, Ltd.’s “Motion for

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Summary Judgment,” filed November 4, 2016. Defendants Diamond Imports, Inc. and

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Yair Yachdav have filed opposition, to which plaintiffs have replied. The matter came on

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regularly for hearing on January 13, 2017. Anthony Paduano of Paduano & Weintraub

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LLP appeared on behalf of plaintiffs. Ronald D. Foreman of Foreman & Brasso appeared

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on behalf of defendants.

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For the reasons stated on the record at the hearing, in particular, the underlying

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factual dispute as to the nature of the contractual relationship between the parties and

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the absence in the record of facts from which an undisputed amount owed otherwise can

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be calculated, the motion is hereby DENIED.

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IT IS SO ORDERED.

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Dated: January 13, 2017
MAXINE M. CHESNEY
United States District Judge