Princeton Developments, LLC v. Baylor et al

Filing 139

ORDER by Judge Claudia Wilken GRANTING ( 132 in 11-4471 and 111 in 11-4472)MOTIONS TO SUBSTITUTE AND ADDRESSING DEFENDANT DAWN JACKSONS MOTION TO DISMISS AND PLAINTIFFS OPPOSITION TO THAT MOTION (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 2/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PRINCETON DEVELOPMENTS, LLC,

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United States District Court
For the Northern District of California

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Plaintiff,
v.
BRYNEE K. BAYLOR; BAYLOR &
JACKSON, PLLC; THE MILAN GROUP,
INC.; FRANK LORENZO; GPH
HOLDINGS, LLC; and PATRICK LEWIS,
Defendants.
________________________________/

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KUMAN BANQUE, LLC,

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No. C 11-4471 CW
ORDER GRANTING
MOTIONS TO
SUBSTITUTE (Docket
Nos. 132 in 114471 and 111 in
11-4472) AND
ADDRESSING
DEFENDANT DAWN
JACKSON’S MOTION
TO DISMISS AND
PLAINTIFFS’
OPPOSITION TO THAT
MOTION
No. C 11-4472 CW

Plaintiff,
v.
BRYNEE K. BAYLOR; BAYLOR &
JACKSON, PLLC; THE MILAN GROUP,
INC.; and FRANK LORENZO,
Defendants.
________________________________/
In the above captioned actions, Plaintiffs Princeton

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Developments, LLC and Kuman Banque, LLC move to substitute Susan
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Kevra-Shiner as Executrix of the Estate of Frank L. Pavlico III in
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the place of Defendant Frank Lorenzo Pavlico, who has passed away.
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Plaintiffs have asserted claims against Mr. Pavlico for fraud and
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disgorgement of funds and have sought as relief punitive damages,
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among other things.

Pursuant to California Code of Civil

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Procedure section 377.42, punitive damages are not recoverable
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against Mr. Pavlico’s successor-in-interest and Plaintiffs
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conceded that their demands for punitive damages from Mr. Pavlico
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did not survive his death.

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Plaintiffs’ demands for punitive damages from Mr. Pavlico only,

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GRANTS Plaintiffs’ motions and SUBSTITUTES Susan Kevra-Shiner as

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Executrix of the Estate of Frank L. Pavlico III in the place of

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Defendant Frank Lorenzo Pavlico (Docket Nos. 132 in 11-4471 and

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111 in 11-4472).

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copy of this Order within fourteen days of its issuance and shall

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file proof of service by that date.

Accordingly, the Court STRIKES

Plaintiffs shall serve Ms. Kevra-Shiner with a

Pro se Defendant Dawn Jackson also moves to dismiss the

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United States District Court
For the Northern District of California

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claims asserted against her in both actions for lack of personal

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jurisdiction and failure to state a claim.

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4471 and 110 in 11-4472.

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to Jackson’s motion.

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4472.

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service upon certain Defendants but not upon Jackson.

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134-1 in 11-4471 and 113-1 in 11-4472.

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Plaintiffs argue that Jackson’s motion is improper and should be

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stricken because she is currently in default, but do not address

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the merits of the arguments that Jackson presented in her motion.

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Docket Nos. 131 in 11-

Plaintiffs have filed a joint opposition

Docket Nos. 134 in 11-4471 and 113 in 11-

With their opposition, Plaintiffs have filed a proof of
Docket Nos.

In their opposition,

Within one day of the date of this Order, Plaintiffs shall

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file proof of service of their opposition upon Jackson.

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7, 2013, Jackson shall file a reply, of no more than fifteen

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pages, addressing whether there is good cause to set aside the

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default against her pursuant to Federal Rule of Civil Procedure

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55(c).

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motion to dismiss.

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sur-reply, of no more than fifteen pages, addressing the arguments

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presented by Jackson in her motion and her reply brief.

By March

Jackson’s failure to do so will result in denial of her
By March 14, 2013, Plaintiffs shall file a

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The Court notes that this is not the first time that

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Plaintiffs have failed to serve properly a pro se Defendant in

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this case.

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4472.

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doing so and about filing appropriate proof of service.

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See, e.g., Docket Nos. 67 in 11-4471 and 50 in 11-

Plaintiffs are warned that they must be diligent about

IT IS SO ORDERED.

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Dated:

2/19/2013

CLAUDIA WILKEN
United States District Judge

United States District Court
For the Northern District of California

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