GLOBAL PRIVATE FUNDING, INC. v. EMPYREAN WEST, LLC

Case No. CV 13-04622 DDP (MANx).

GLOBAL PRIVATE FUNDING, INC., a California corporation, Plaintiff, v. EMPYREAN WEST, LLC, an Arizona corporation; JAY L. CARTER, individually and as managing partner of EMPYREAN WEST LLC; DAVID C. KELLER, individually and as CEO of EMPYREAN WEST LLC; U.S. FUEL CORPORATION, a Nevada corporation; HARRY BAGOT, individually and as President/CEO of US FUEL CORPORATION; STANLEY N. DRINKWATER, III, individually and as Chairman of the Board; US FUEL CORPORATION; WILLIAM CHADY, individually and as Chief Operating Officer of US FUEL CORPORATION; ROBERT SCHWARTZ, individually, Defendants.

United States District Court, C.D. California.

September 11, 2014.


Attorney(s) appearing for the Case

Global Private Funding Inc, Plaintiff, represented by Robin E Paley , Law Offices of Robin E Paley a PLC.

Empyrean West LLC, Defendant, represented by James D Myers , Shaffer Lombardo Shurin, Jeffrey A Coleman , Jeffrey A Coleman Law Offices & Jennifer J Price , Shaffer Lombardo Shurin.

Jay L Carter, Defendant, represented by James D Myers , Shaffer Lombardo Shurin, Jeffrey A Coleman , Jeffrey A Coleman Law Offices, Jennifer J Price , Shaffer Lombardo Shurin, Jeffrey A Coleman , Jeffrey A Coleman Law Offices, Jennifer J Price , Shaffer Lombardo Shurin & James D Myers , Shaffer Lombardo Shurin.

David C Keller, Defendant, represented by James D Myers , Shaffer Lombardo Shurin, Jeffrey A Coleman , Jeffrey A Coleman Law Offices, Jennifer J Price , Shaffer Lombardo Shurin, James D Myers , Shaffer Lombardo Shurin, Jeffrey A Coleman , Jeffrey A Coleman Law Offices & Jennifer J Price , Shaffer Lombardo Shurin.

U S Fuel Corporation, Defendant, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices & James D Myers , Shaffer Lombardo Shurin.

David C Keller, ThirdParty Plaintiff, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

Empyrean West LLC, ThirdParty Plaintiff, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

Sam Francis Senev, ThirdParty Defendant, represented by Robin E Paley , Law Offices of Robin E Paley a PLC.

David C Keller, Counter Claimant, represented by James D Myers , Shaffer Lombardo Shurin, Jeffrey A Coleman , Jeffrey A Coleman Law Offices & Jennifer J Price , Shaffer Lombardo Shurin.

Empyrean West LLC, Counter Claimant, represented by James D Myers , Shaffer Lombardo Shurin, Jeffrey A Coleman , Jeffrey A Coleman Law Offices & Jennifer J Price , Shaffer Lombardo Shurin.

Global Private Funding Inc, Counter Defendant, represented by Robin E Paley , Law Offices of Robin E Paley a PLC.

Stanley N Drinkwater, III, Counter Claimant, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

Harry Bagot, Counter Claimant, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

William Chady, Counter Claimant, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

Stanley N Drinkwater, III, Counter Claimant, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

Robert Schwartz, Counter Claimant, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

U S Fuel Corporation, Counter Claimant, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

Harry Bagot, Counter Claimant, represented by Jeffrey A Coleman , Jeffrey A Coleman Law Offices.

Global Private Funding Inc, Counter Defendant, represented by Robin E Paley , Law Offices of Robin E Paley a PLC.


ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT

[DKT. NOS. 53, 61]

DEAN D. PREGERSON, District Judge.

Presently before the Court are two motions to dismiss Plaintiff's First Amended Complaint, filed by two different groups of defendants (the "Motions"). (Docket Nos. 53, 61.) For the reasons stated in this order, U.S. Fuel's motion is GRANTED and Empyrean, Carter, and Keller's motion...

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