Keating et al v. Jastremski et al

Filing 321

ORDER denying without Prejudice 270 , 272 Motions for Partial Summary Judgment. Signed by Judge M. James Lorenz on 6/18/2018. (sjt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JEREMY L. KEATING et al.,

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Plaintiffs,
vs.

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JOHN A. JASTRMESKI et al.,

CASE NO. 3:15-cv-00057-L-AGS
ORDER DENYING WITHOUT
PREJUDICE MOTIONS FOR
PARTIAL SUMMARY
JUDGMENT (DOCS. NO. 270 &
272)

Defendants;

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AND ALL CROSS-COMPLAINTS.

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Pending before the Court are two motions for partial summary judgment: (1)

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motion filed by Defendant John A. Jastremski and Counter-Claimant The Retirement

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Group, LLC ("TRG") against Plaintiffs and Counter-Defendants Jeremy L. Keating,

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Richard P. Gigliotti and Alexander J. Mele (doc. no. 270); and (2) motion filed by

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Counter-Defendant Securities America, Inc. ("SAI") against TRG (doc. no. 272).

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Keating, Gigliotti, Mele and Counter-Defendants Sean Sullivan, Capital Income

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Advisors LLC ("CIA"), Lloyd Silvers, Steve Dalton and Ardent Retirement Planning,

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LLC ("ARP") joined in the latter motion. (Doc. no. 277.)
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Also pending is a motion for terminating sanctions filed by Jastremski and TRG

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against Keating, Gigliotti, Mele, CIA, ARP, Sullivan, Silvers, Dalton and SAI (doc.

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no. 157).1 The ruling on summary judgment motions could be affected by the ruling

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on the motion for terminating sanctions.
Accordingly, the summary judgment motions are denied without prejudice to

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refiling. If, and to the extent, refiling summary judgment motions is appropriate after

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ruling on the motions for sanctions, the parties shall meet and confer with a view to

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arrive at a consolidated briefing schedule for the motions, if any, and jointly call the

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undersigned's chambers no later than 14 calendar days after final resolution of the

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motion for terminating sanctions.
IT IS SO ORDERED.

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Dated: June 18, 2018

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The motion has been referred to a special master. (Doc. no. 316.)
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3:15-cv-00057-L-AGS