Krohne Fund v. Simonsen et al

Filing 154

ORDER. Plaintiff shall have to and including December 29, 2017, in which to either: 1. Move to dismiss all remaining claims in the case against Kapidyia, or, in the alternative, 2. Move, with supporting brief and a proposed schedule for implementati on, for a specific program to be undertaken for such actions and procedures as will be necessary and appropriate to enable the Court to proceed to resolution of all remaining claims on the merits. Signed by Judge Sam E Haddon on 12/11/2017. (EMH)

DEC 11 2017
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA

Clerk, U.S District Court
District Of Montana
Helena

BILLINGS DIVISION

KROHNE FUND, LP,
Plaintiff,
No. CV-12-04-BLG-SEH
vs.
ORDER

STUART M. SIMONSEN, and
KAPIDYIA CAPITAL PARTNERS,
LLC,
Defendants.
This action was filed by Plaintiff against Stuart M. Simonsen
("Simonsen") and Kapidyia Capital Partners, LLC ("Kapidyia") to recover
damages under theories of fraud and deception under federal securities law, and
for common law breach of contract, promissory estoppel, fraud and constructive
fraud, negligent misrepresentation, constructive trust, and punitive damages. 1

1

Doc. 6,

On June 22, 2017, counsel for Kapidyia were granted leave to withdraw as
attorneys for that Defendant. 2
On May 19, 2017, Simonsen moved for summary judgment on all claims
asserted by Plaintiff. 3 The motion was granted by order of July 20, 2017. 4
Judgment of dismissal in favor of Simonsen was entered on October 16, 2017. 5
Kapidyia is and has been unrepresented by counsel since June 22, 2017.
No other or further actions directed to Kapidyia have been undertaken by
Plaintiff since June 6, 2017. 6
ORDERED:
Plaintiff shall have to and including December 29, 2017, in which to either:
1.

Move to dismiss all remaining claims in the case against Kapidyia, or,

in the alternative,
2.

Move, with supporting brief and a proposed schedule for

implementation, for a specific program to be undertaken for such actions and
procedures as will be necessary and appropriate to enable the Court to proceed to

2

Doc. 144.

3

Doc. 136.

4

Doc. 152.

5

Doc. 153.

6

Doc. 140.

resolution of all remain~ claims on the merits.
DATEDthis // dayofDecember,2017.

ti!!!,~el~
United States District Judge