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05-197 - Aarona, et al v. Unity House, Incorpo, et al


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05-197 - Aarona, et al v. Unity House, Incorpo, et al
July 2, 2007
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ORDER GRANTING IN PART AND DENYING IN PART THE FOLLOWING MOTIONS: 168 NOMINAL DEFENDANT UNITY HOUSE, INC.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT ("FAC"); 164 DEFENDANT ARLENE ILAE, ET AL.'S MOTION TO DISMISS FAC;176 DEFENDANT AARON RUTLEDGE'S MOTION TO DISMISS FAC; 178 DEFENDANT ANTHONY A. RUTLEGE, SR.' S MOTION TO DISMISS FAC; 172 JAMES BOERSEMA AND ROBERT FISHMAN'S MOTION TO DISMISS; and 213 COUNTERCLAIMANT ADAM ENOS'S MOTION TO DISMISS, WITHOUT PREJUDICE TO SEEK LEAVE TO AMEND THE FAC WITH RESPECT TO SOME COUNTS; and ORDER DENYING 223 PLAINTIFFS' COUNTER MOTION FOR LEAVE TO ADD JAMES BOERSEMA, ROBERT FISHMAN AND ADAM ENOS AS PARTY DEFENDANTS AS MOOT. Signed by Judge DAVID ALAN EZRA on 7/2/07. [Court GRANTS IN PART and DENIES IN PART the following motions: Nominal Defendant Unity House, Inc.'s Motion to Dismiss Plaintiffs' First Amended Complaint ("FAC") 168; Defendant Arlene Ilae, et al.'s Motion to Dismiss FAC 164; Defendant Aaron Rutledge's Motion to Dismiss FAC 176; Defendant Anthony A. Rutlege, Sr.'s Motion to Dismiss FAC 178; James Boersema and Robert Fishman's Motion to Dismiss 172; and Counterclaimant Adam Enos's Motion to Dismiss (WITHOUT PREJUDICE to seek leave to amend the FAC with respect to some counts) 213; and DENIES Plaintiffs' Counter Motion for Leave to Add James Boersema, Robert Fishman and Adam Enos as Party Defendants as MOOT. Counts I, II, V, and VIII are dismissed without prejudice for failure to meet the numerosity requirement. Count IV is dismissed without prejudice for failure to link the alleged fraudulent proposal with the number of proxy votes required to authorize the challenged action of change of membership status. Count VI is dismissed with prejudice for failure to state a claim. Count IX is dismissed without prejudice for failure to allege facts to establish that Unity House is a labor union pursuant to 29 U.S.C. ยง 501.] [MOTIONS TAKEN UNDER ADVISEMENT 172, 213, reference to page numbered 3 of the Order: "Pursuant to Local Rule 7.2, Defendants Boersema, Fishman, and Enos' Motions will be decided without a hearing and taken under advisement."] Terminating motions/related documents: Terminating 169 Defendant Aaron Rutledge's Substantive Joinder to 168 and 164; Terminating 170 Defendant Anthony A. Rutledge's Substantive Joinder to 168 and 164; Terminating 184 Defendant Randall Harakal's Joinder in 168. (afc)
June 25, 2008
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ORDER GRANTING IN PART AND DENYING IN PART 336 DEFENDANTS JAMES BOERSEMA, ROBERT FISHMAN, AND ADAM ENOS, JR.'S JOINT MOTION TO DISMISS WITH PREJUDICE CLAIMS BY AND AGAINST DEFENDANTS JAMES BOERSEMA, ROBERT FISHMAN, AND ADAM ENOS. Signed by JUDGE DAVID ALAN EZRA on 6/25/08. [Court ORDERS: (1) all claims asserted in this action by and against Boersema Defendants are DISMISSED WITH PREJUDICE; (2) with respect to the Defendants who have signed the Proposed Stipulation, all claims asserted in this action by and against Boersema Defendants are DISMISSED consistent with the stated provisions of the Proposed Stipulation; (3) with respect to Anthony and Aaron, all presently-existing claims or theoretically-existing claims arising from the underlying suit are DISMISSED WITH PREJUDICE; and (4) each party to bear its own costs.] Motion for Joinders to M/Dismiss TERMINATED - docket entry numbers 346, 349, 350. (afc)