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14-520 - Liberty Mutual Insurance Company v. Sumo-Nan LLC


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14-520 - Liberty Mutual Insurance Company v. Sumo-Nan LLC
May 20, 2015
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ORDER (1) GRANTING IN PART AND DENYING IN PART LIBERTY MUTUAL'S MOTION TO DISMISS COUNTERCLAIM AND MOTION TO STRIKE [DKT. NO. 36]; AND (2) DENYINGSU-MO BUILDERS, INC., SU YONGYI, AND MAUREEN DEE YI'S MOTION FOR SUMMARYJUDGMENT [DKT. NO. 58]. Signed by JUDGE DERRICK K. WATSON on 5/20/2015. ~ Liberty Mutual's motion (Dkt. No. 36) is GRANTED in part and the Sumo Counterclaim is DISMISSED with leave to amend. Liberty Mutual's motion (Dkt. No. 36) is DENIED in part to the extent it requests that certain exhibits and references thereto in the Sumo Counterclaim be stricken. Sumo Defendants are granted until June 15, 2015 to file an amended counterclaim in accordance with this order. Sumo Defendants' motion for summary judgment is DENIED. (Dkt. No. 58) (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 6, 2015
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ORDER GRANTING IN PART AND DENYING IN PART LIBERTY MUTUAL INSURANCE COMPANY'S MOTIONS TO DISMISS COUNTERCLAIMS AND MOTIONS TO STRIKE PLEADINGS 38, 40. Signed by JUDGE DERRICK K. WATSON on 7/2/2015. ~ For the foregoing reasons, Liberty Mutual's motions to dismiss [dkt. nos. 38 & 40] are GRANTED, and the Nan Defendants' and Sumo Nan Counterclaims are DISMISSED with leave to amend. Liberty Mutual's motions to strike certain portions of the Nan Defendants and Sumo-Nan's Counterclaims are DENIED. Defendants are granted until July 17, 2015 to file any amended counterclaim in accordance with this order. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 4, 2015
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ORDER DENYING THE NAN DEFENDANTS' AUGUST 20, 2015 118 MOTION FOR RECONSIDERATION. Signed by JUDGE DERRICK K. WATSON on 9/4/2015. Re 97 Order Granting in Part and Denying in Part Liberty Mutual Insurance Company's Motions to Dismiss Counterclaims and Motions to Strike Pleadings (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 4, 2015
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ORDER (1) GRANTING IN PART AND DENYING IN PART LIBERTY MUTUAL'S MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM OF SU-MO BUILDERS, INC., SU YONG YI, AND MAUREEN DEE YI [DKT. NO. 94]; AND (2) GRANTING LIBERTY MUTUAL'S MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM OF SUMO-NAN, LLC, NAN, INC., LAUMAKA LLC, PATRICK SHIN, MARIKO KANEKO SHIN, AND PATRICK SHIN, TRUSTEE, PATRICK SHIN TRUST [DKT. NO. 116]. Signed by JUDGE DERRICK K. WATSON on 11/4/2015. ~ The Sumo Defendants Counterclaims are DISMISSED, in part, with leave to amend the following claims: Count I (breach of contract); Counts II and IV (intentional/fraudulent misrepresentation); Count III (fraudulent inducement),Count VI (promissory estoppel); and Count VIII (breach of fiduciary duty). Liberty Mutual's Motion to Dismiss Count V (negligent misrepresentation) is DENIED. The Sumo Defendants' remaining claims are DISMISSED without leave to amend: Count VII (breach of the implied covenant of good faith and fair dealing); Count IX (abuse of process); and Count X (declaratory judgment). The Nan Defendants' Counterclaims are DISMISSED with leave to amend the following claims: Counts II and III (breach of contract and/or implied contract). The remaining claims are DISMISSED without leave to amend: Count I (suretyship status as guarantor by operation of law); Count IV (breach of Shin release); and Count V (abuse of process). To the extent granted leave to amend, the Sumo and Nan Defendants (not including Sumo-Nan LLC) may file further amended counterclaims no later than November 20, 2015. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 18, 2015
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ORDER GRANTING LIBERTY MUTUAL INSURANCE COMPANY'S 142 MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT I AGAINST DEFENDANT SUMO-NAN LLC. Signed by JUDGE DERRICK K. WATSON on 11/18/2015. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 1, 2017
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ORDER DETERMINING DEFENDANTS' REMAINING OBLIGATIONS TO LIBERTY MUTUAL. Signed by JUDGE DERRICK K. WATSON on 3/1/2017. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry