Trachsel et al v Ronald Buchholz, et al

Filing 88

ORDER by Judge Whyte granting #16 #17 #63 Defendants' Motions to Dismiss (rmwlc3, COURT STAFF) (Filed on 9/9/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On May 28, 2008, defendants Jonathon Vento, Grace Capital, LLC, Grace Capital dba Grace Communities, Donald Zeleznak, Z-Loft LLC, and Zeleznak Property Management, LLC dba Keller Williams Realty ("the Grace defendants") filed a motion to dismiss for lack of personal jurisdiction, improper venue and for failure to state claims against them under Fed. R. Civ. P. 12(b)(6). Defendant Keller Williams Realty Inc. ("KWRI") subsequently moved separately to dismiss for failure to state a claim. Both motions were heard on September 5, 2008. As stated at the hearing, the court grants defendants' motion to dismiss. Plaintiffs shall have thirty (30) days to amend their complaint. The court denies KWRI's motion to strike evidence submitted in support of plaintiffs' opposition as moot. DATED: 9/8/08 v. RONALD BUCHHOLZ et al., Defendants. STEVE TRACHSEL et al., Plaintiffs, No. C-08-02248 RMW ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS [Re Docket Nos. 16, 17, 63] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 9/9/08

RONALD M. WHYTE United States District Judge

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS--No. C-08-02248 RMW MAG

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiff: Jesshill E. Love Todd Andrew Roberts Counsel for Defendants: Michael George Descalso Andrew A. August Meagen Eileen Leary Kevin Francis Rooney William W. Schofield [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

9/9/08

/s/ MAG Chambers of Judge Whyte

ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS--No. C-08-02248 RMW MAG 2