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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 KAPU GEMS, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 15-cv-03531-MMC ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT v. DIAMOND IMPORTS, INC., et al., Re: Dkt. No. 107 Defendants. 12 13 Before the Court is plaintiffs Kapu Gems and Kapu Gems, Ltd.’s “Motion for 14 Summary Judgment,” filed November 4, 2016. Defendants Diamond Imports, Inc. and 15 Yair Yachdav have filed opposition, to which plaintiffs have replied. The matter came on 16 regularly for hearing on January 13, 2017. Anthony Paduano of Paduano & Weintraub 17 LLP appeared on behalf of plaintiffs. Ronald D. Foreman of Foreman & Brasso appeared 18 on behalf of defendants. 19 For the reasons stated on the record at the hearing, in particular, the underlying 20 factual dispute as to the nature of the contractual relationship between the parties and 21 the absence in the record of facts from which an undisputed amount owed otherwise can 22 be calculated, the motion is hereby DENIED. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: January 13, 2017 MAXINE M. CHESNEY United States District Judge

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