Puri et al v. Khalsa et al

Filing 92

MINUTES of Proceedings: Motion Hearing held. Granting in Part Denying in Part Motion to Dismiss 41 ; Granting in Part Denying in Part 45 Motion to Dismiss for Failure to State a Claim; Granting in Part Denying in Part Motion to Dismiss 67 ; Granting in Part Denying in Part 69 Motion to Dismiss for Failure to State a Claim; Motion Hearing Held regarding Motion to Dismiss for Failure to State a Claim 69 , Motion to Dismiss 41 , Motion to Dismiss 67 , Motion to Dismiss for Fa ilure to State a Claim 45 . See order for full text. Surjit P. Soni present as counsel for plaintiff(s). Robert L. O'Halloran, Scoot Schnuck, Thomas Larkin, Christopher H. Kent, Peter D. Hawkes, Stephen C. Voorhees, and C. Robert Steringer present as counsel for defendant(s).(Court Reporter Bonita Shumway.) (dls)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

CIVIL MINUTES

Case No.: 3:10-CV-1532-MO

Date of Proceeding: February 6, 2012

Case Title: Bibiji Inderfit Kaur Puri, et al. v. Sopurkh Kaur Khalsa
Presiding Judge: Hon. Michael W Mosman

Reporter: Bonita Shumway

Courtroom Deputy: Dawn Stephens
[e-mail]
Telephone number [phone]
Tape No:

Oral Argument Held February 7, 2012.
MOTIONS TO DISMISS
Defendant Lambert’s Motion to Dismiss [41] is GRANTED IN PART AND DENIED IN PART.
The Motion to Dismiss [45] submitted by defendants Karam Singh Khalsa and Kartar Singh Khalsa is
GRANTED IN PART AND DENIED IN PART.
The Motion to Dismiss [67] submitted by defendants Peraim Kaur Khalsa, Siri Karm Kaur Khalsa,
Sopurkh Kaur Khalsa, Siri Singh Sahib Corporation, and Unto Infinity, LLC is GRANTED IN PART
AND DENIED IN PART.
Defendant Siri Ram Kaur Khalsa’s Motion to Dismiss [69] is GRANTED IN PART AND DENIED IN
PART.
SPECIFIC CLAIMS
All defendants’ motions to dismiss based on plaintiffs’ lack of standing to pursue derivative claims on
behalf of Siri Singh Sahib Corporation and Unto Infinity are DENIED WITH LEAVE TO RENEW.
Defendant Lambert’s motion to dismiss based on attorney client privilege is DENIED.
Plaintiffs’ declaratory judgment claim is DISMISSED without prejudice as to each defendant, as stated on
the record.

Civil Minutes

Honorable Michael W
Mosman

Plaintiffs’ breach of fiduciary duty claim is DISMISSED without prejudice as to defendants Karam Singh
Khalsa, Kartar Singh Khalsa, Peraim Kaur Khalsa, Siri Karm Kaur Khalsa, and Siri Ram Kaur Khalsa.
Plaintiffs’ fraud claim is DISMISSED without prejudice as to defendants Karam Singh Khalsa, Kartar
Singh Khalsa, Peraim Kaur Khalsa, Siri Karm Kaur Khalsa, and Siri Ram Kaur Khalsa.
Plaintiffs’ negligent misrepresentation claim is DISMISSED without prejudice as to defendants Karam
Singh Khalsa, Kartar Singh Khalsa, Peraim Kaur Khalsa, Siri Karm Kaur Khalsa, and Siri Ram Kaur
Khalsa.
Plaintiffs’ interference with economic advantage claim is DISMISSED without prejudice as to defendants
Karam Singh Khalsa, Kartar Singh Khalsa, Peraim Kaur Khalsa, Siri Karm Kaur Khalsa, and Siri Ram
Kaur Khalsa.
Plaintiffs’ conversion claim is DISMISSED without prejudice as to each defendant, as stated on the
record.
Plaintiffs’ unjust enrichment claim is DISMISSED without prejudice as to each defendant, as stated on the
record.
Plaintiffs’ constructive trust claim is DISMISSED with prejudice as to each defendant, with leave to replead as a remedy.
Plaintiffs’ RICO/ ORICO claim is DISMISSED without prejudice as to each defendant, as stated on the
record.
CONCLUSION
Plaintiffs must file an amended complaint by March 8, 2012. Defendants must email the Court by March
10, 2012, and indicate their intended response to plaintiffs’ amended complaint. Plaintiffs are instructed to
advise any newly added parties that they shall similarly email the Court by March 10, 2012, with their
intended response.

PLAINTIFF'S COUNSEL

DEFENDANT'S COUNSEL

Surjit P. Soni

Robert L. O'Halloran
Scott Schnuck
Thomas Larkin
Christopher H. Kent
Peter D. Hawkes
Stephen C. Voorhees
C. Robert Steringer

Civil Minutes

Honorable Michael W
Mosman