Braddock v. Maresca et al

Filing 169

MINUTE ORDER granting Parties' #168 Stipulated Motion: All claims asserted by plaintiff against Michael and Julie Giunta, and all counterclaims asserted by Michael and Julie Giunta against plaintiff are hereby DISMISSED with prejudice and without costs; and All claims asserted by plaintiff against defendant Zaycon Foods, LLC are DISMISSED with prejudice and without costs. Authorized by Judge Thomas S. Zilly.(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RICHARD BRADDOCK,
Plaintiff,

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C16-1756 TSZ
v.

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MINUTE ORDER
ZAYCON FOODS, LLC, et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

(1)
The stipulated motion filed by plaintiff Richard Braddock and defendants
13 Michael and Jane Doe (aka Julie) Giunta, docket no. 168, is GRANTED as follows:
(a)
All claims asserted by plaintiff against Michael and Julie Giunta, and
all counterclaims asserted by Michael and Julie Giunta against plaintiff are hereby
DISMISSED with prejudice and without costs; and

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(b)
All claims asserted by plaintiff against defendant Zaycon Foods,
LLC are DISMISSED with prejudice and without costs.

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(2)
The claims remaining for trial, which remains set for January 13, 2020, are:
(i) plaintiff’s first (federal securities fraud), second (state securities fraud), third (common
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law fraud), fourth (negligent misrepresentation), and fifth (breach of fiduciary duty 1)
claims against defendants Frank R. Maresca (and his spouse and marital community) and
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Mike Conrad (and his spouse and marital community); and (ii) defendants Maresca’s
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See Order at 15 n.5 (docket no. 167) (requiring the parties to address in their trial briefs certain

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MINUTE ORDER - 1

1 and Conrad’s first (declaratory judgment), second (breach of fiduciary duty), and third
(tortious interference) counterclaims.
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(3)
In all future filings, the caption of this case shall be as follows:
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RICHARD BRADDOCK,
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Plaintiff,
v.

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FRANK R. MARESCA, JANE DOE
MARESCA, and the marital community
composed thereof; and MIKE CONRAD,
JANE DOE CONRAD, and the marital
community composed thereof,

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Defendants.

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ZAYCON FOODS, LLC,
Counterclaimant, 2

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v.

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RICHARD BRADDOCK,
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Counter-Defendant.
(4)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 3rd day of December, 2019.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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Within fourteen (14) days of the date of this Minute Order, counsel for plaintiff and counsel for
Zaycon Foods, LLC (“Zaycon”) shall meet and confer and file a Joint Status Report concerning
whether the counterclaims asserted by Zaycon against plaintiff may be dismissed and, if not, how
22 such counterclaims will be resolved in this matter in light of Zaycon’s dissolution.

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MINUTE ORDER - 2