Panliant Financial Corporation et al v. ISEE3D, Inc. et al

Filing 36

ORDER Granting 28 Motion to Dismiss as to Plaintiffs' Causes of Action Eight, Eleven, and Twelve, and is DENIED in all other respects. Signed by Judge Philip M. Pro on 12/9/13. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PANLIANT FINANCIAL CORPORATION, a )
Nevada corporation, ALAN G. SMITH,
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individually, A.G. SOLUTIONS LIMITED, a )
British Columbia Business Entity,
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Plaintiffs,
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vs.
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ISEE3D, INC, British Columbia corporate
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entity, DWIGHT ROMANCIA, individually, )
MARK GEOHEGAN, individually, BAY
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MANAGEMENT LTD., a Florida Business )
Entity, ILYA SOROKIN, individually, TOM )
MITCHELL, individually, INXSYS INC., a )
British Columbia Business Entity individually, )
1 through 10 DOE INDIVIDUALS and 11
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through 20 ROE BUSINESS ENTITIES,
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Defendants
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_____________________________________ )

2:12-CV-01376-PMP-CWH

ORDER

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Before the Court for consideration is Defendant Mark Geohegan’s fully briefed Motion
to Dismiss Plaintiffs’ Amended Complaint (Doc. #28) filed August 8, 2013.
In its Response (Doc. #31) Plaintiffs agree to dismiss Cause of Action Eleven for

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Breach of Contractual Financial Duty, and Cause of Action Twelve for Breach of Fiduciary Duty as

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Financial Officer and/or Director as to Defendant Geohegan. Additionally, having considered the

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fully briefed Motion before the Court, the Court finds that Plaintiffs have failed to allege a viable

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claim for relief for Constructive Trust and Unjust Enrichment (Cause of Action Eight) as to

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Defendant Geohegan. The Court further finds that Defendant Geohegan has otherwise failed to

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show entitlement to relief on his Motion to Dismiss.

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IT IS THEREFORE ORDERED that Defendant Geohegan’s Motion to Dismiss (Doc.

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#28) is GRANTED as to Plaintiffs’ Causes of Action Eight, Eleven, and Twelve, and is DENIED

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in all other respects.

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DATED: December 9, 2013.

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PHILIP M. PRO
United States District Judge

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