Lopes et al v. Vieira et al, No. 1:2006cv01243 - Document 215 (E.D. Cal. 2010)

Court Description: Memorandum Decision and ORDER DENYING Without Prejudice Defendant Genske Mulder, LLP'S and Defendant Downey Brand LLP'S Motions For Summary Judgment Against Plaintiff Alvaro Machado On Furth Through Eighth Causes Of Action 108 and 127 , signed by Judge Oliver W. Wanger on 2/2/2010. (Gaumnitz, R)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MANUEL LOPES AND MARIANA LOPES, et al., 10 11 Plaintiffs, 12 vs. 13 14 GEORGE VIEIRA, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-06-1243 OWW/SMS MEMORANDUM DECISION AND ORDER DENYING WITHOUT PREJUDICE DEFENDANT GENSKE MULDER, LLP'S AND DEFENDANT DOWNEY BRAND LLP S MOTIONS FOR SUMMARY JUDGMENT AGAINST PLAINTIFF ALVARO MACHADO ON FOURTH THROUGH EIGHTH CAUSES OF ACTION (Docs. 108 & 127) 17 18 Defendants Genske Mulder LLP ( Genske Mulder ) and Downey 19 Brand LLP ( Downey Brand ) respectively move for summary judgment 20 or summary adjudication against Plaintiff Alvaro Machado on the 21 Fourth through Eighth Causes of Action in the Second Amended 22 Complaint ( SAC ). 23 24 25 26 Genske Mulder seeks summary judgment or adjudication: A. Fourth Cause of Action for securities fraud in violation of the Securities Act of 1934 on the ground that Plaintiff Machado did not purchase Valley Gold LLC s securities or any other securities; 1 1 2 3 4 5 B. Fifth Cause of Action for violation of California securities law on the ground that Plaintiff Machado did not purchase Valley Gold LLC s securities or any other securities; C. Sixth Cause of Action for negligence on the grounds that Plaintiff Machado was not a client of Genske Mulder and Genske Mulder did not owe him a duty of care; 6 7 8 D. Seventh Cause of Action for intentional misrepresentation on the grounds that Plaintiff Machado did not receive or rely on, any material misrepresentation or omission made by Genske Mulder; 9 10 11 E. Eighth Cause of Action for negligent misrepresentation on the grounds the Plaintiff Machado did not receive or rely on, any material misrepresentation made by Genske Mulder. 12 Downey Brand seeks summary judgment or adjudication as to 13 the Fourth and Fifth Causes of Action on the grounds that 14 Plaintiff Machado did not purchase a security; on the Fourth 15 through Eighth Causes of Action on the grounds that Plaintiff 16 Machado cannot establish that Downey Brand made an affirmative 17 misrepresentation and owed Plaintiff no duty to disclose; and on 18 the Fourth through Eighth Causes of Action on the grounds that 19 Plaintiff Machado cannot establish reliance or causation. 20 Plaintiff Machado has not filed an opposition to these 21 motions for summary judgment. On November 23, 2009 (Doc. 174), 22 counsel for Plaintiffs filed a Statement of Fact of Death of 23 Plaintiff Alvaro Machado, representing that Plaintiff Machado 24 has died, and requesting the Court hold in abeyance all matters 25 pending that would impact the estate of Alvaro Machado and 26 2 1 advising his widow, Mary Machado that a motion to substitute a 2 successor-in-interest in place of Alvaro Machado must be filed 3 within 90 days or the action will be dismissed as to Plaintiff 4 Alvaro Machado. Defendants motions for summary judgment against Plaintiff 5 6 Alvaro Machado are DENIED WITHOUT PREJUDICE. 7 timely substitutes as successor-in-interest in place of Alvaro 8 Machado, Defendants may re-notice their motions for summary 9 judgment for hearing. IT IS SO ORDERED. 10 11 If Mary Machado Dated: 668554 February 2, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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