Lawrence Chip Crandall and Alicia Berry as co-trustees of the Revocable Intervivos Trust of Marjorie M. Crandall dated February 28, 1991 as restated in full on April 7, 2011 v. Semillon, Inc. et al

Filing 67

ORDER Granting Joint 66 Motion to Dismiss Specific Claims With Prejudice. The claims alleged by Semillon, Inc. DBA Fairlane Cleaners, a California corporation, and Thomas Mullins in its pleading dated August 13, 2015 against Aaron Freiser remai n. The claims alleged by Fairlane Cleaners, Inc. and Alexander Shaw against Aaron Freiser remain. The claims alleged by Alexander Shaw against Semillon, Inc. and Thomas Mullins remain. Signed by Judge Gonzalo P. Curiel on 8/31/16. (All non-registered users served via U.S. Mail Service)(dlg).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA Lawrence “Chip” Crandall and Alicia 11 Barry as co-trustees of the Revocable Intervivos Trust of Marjorie M. Crandall 12 dated February 28, 1991 as restated in full on April 7, 2011, 10 Case No.: 15-CV-1257-GPC (NLS) ORDER GRANTING JOINT MOTION TO DISMISS SPECIFIC CLAIMS WITH PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(2) 13 14 Plaintiff, 15 v. 16 SEMILLON INC. DBA FAIRLANE CLEANERS, a California corporation, FAIRLANE CLEANERS, INC., a 18 California corporation and THOMAS E. 19 MULLINS, an individual, Alexander G. Shaw, an individual and Cindy L. 20 Casselman, an individual, and DOES 1 through 100, inclusive, 17 21 Defendants. 22 23 AND ALL RELATED CROSS-CLAIMS. 24 25 /// 26 27 /// 28 ORDER TO DISMISS SPECIFIC CLAIMS WITH PREJUDICE Case No. 15-CV-1257-GPC (NLS) 1 1 The Court has received the Second Amended Joint Motion and Request for Order 2 to Dismiss Specific Claims with Prejudice Pursuant to Federal Rule of Civil Procedure 3 41(a)(2) submitted by Plaintiff, Lawrence “Chip” Crandall and Alicia Berry as co- 4 trustees of the Revocable Intervivos Trust of Marjorie M. Crandall dated February 28, 5 1991 as restated in full on April 7, 2011 (the “Crandall Trust”), Defendants, Semillon 6 Inc. DBA Fairlane Cleaners, Thomas Mullins, and Defendants, Fairlane Cleaners, Inc., 7 Alexander G. Shaw, and Cindy Casselman. Based on the terms discussed in the Second 8 Amended Joint Motion, and considering the Court’s ruling of August 25, 2016 in which 9 the Court dismissed the claims of Fairlane Cleaners, Inc. as to Defendants Semillon, Inc. 10 and Thomas Mullins, the Court orders the following: 11 1. All claims alleged by the Crandall Trust in its Complaint filed on June 4, 2015 12 alleging claims against Defendants Semillon, Inc. DBA Fairlane Cleaners, a California 13 corporation, Fairlane Cleaners, Inc., a California corporation, Thomas E. Mullins, 14 Alexander Shaw, and Cindy Casselman are dismissed with prejudice. 15 2. All claims alleged by Cindy Casselman in her pleading of July 23, 2015 16 alleging claims against the Crandall Trust, Semillon, Inc. DBA Fairlane Cleaners, a 17 California corporation, Fairlane Cleaners, Inc., a California corporation, Thomas E. 18 Mullins, Alexander Shaw and Aaron Freiser are dismissed with prejudice. 19 3. All claims alleged by Defendant Semillon, Inc. DBA Fairlane Cleaners, a 20 California corporation, and Thomas Mullins in its pleading dated June 29, 2015 as to 21 Plaintiffs and Cross-Defendants the Crandall Trust and Defendant Cindy Casselman are 22 dismissed with prejudice. The claims alleged by Defendant Semillon, Inc. and Thomas 23 Mullins against Fairlane Cleaners, Inc. and Alexander Shaw remain. Additionally, the 24 claims alleged by Semillon, Inc. DBA Fairlane Cleaners, a California corporation, and 25 Thomas Mullins in its pleading dated August 13, 2015 against Aaron Freiser remain. 26 4. All claims alleged by Defendants Fairlane Cleaners, Inc. and Alexander Shaw 27 its pleading dated July 23, 2015 against Plaintiff and Cross-Defendant the Crandall 28 Trust are dismissed with prejudice. The claims alleged by Fairlane Cleaners, Inc. and ORDER TO DISMISS SPECIFIC CLAIMS WITH PREJUDICE Case No. 15-CV-1257-GPC (NLS) 2 1 Alexander Shaw against Aaron Freiser remain. The claims alleged by Alexander Shaw 2 against Semillon, Inc. and Thomas Mullins remain. 3 4 5 6 All dismissing parties will pay their own costs and attorneys’ fees with respect to the dismissed claims. IT IS SO ORDERED. Dated: August 31, 2016 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER TO DISMISS SPECIFIC CLAIMS WITH PREJUDICE Case No. 15-CV-1257-GPC (NLS) 3

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