John Falkenstein v. Shipco Transport, Inc., No. 2:2013cv08052 - Document 297 (C.D. Cal. 2015)

Court Description: FINAL JUDGMENT IN FAVOR OF DEFENDANT SHIPCO TRANSPORT, INC. by Judge Beverly Reid O'Connell, Related to: Notice of Lodging, 295 Now therefore, IT IS ORDERED, ADJUDGED, AND DECREED that: Judgment is hereby entered in favor of defendant, Ship co Transport, Inc., and against plaintiff, John Falkenstein, in the action entitled Falkenstein v. Shipco Transport, Inc., U.S.D.C. Central District of California Case No. 2:13-cv-08052-BRO-JC; Plaintiff, John Falkenstein shall take nothing in this Action. Defendant Shipco Transport, Inc. is the prevailing party; and Defendant Shipco Transport, Inc. shall be allowed costs under Federal Rule of Civil Procedure 54 and 28 U.S.C. Section 1920, et seq. (MD JS-6, Case Terminated). (rfi)

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John Falkenstein v. Shipco Transport, Inc. Doc. 297 1 2 3 4 5 6 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 A Professional Corporation San Francisco Ropers Majeski Kohn & Bentley 7 LOS ANGELES DIVISION 11 12 13 CASE NO. 2:13-cv-08052-BRO-JC JOHN FALKENSTEIN, an individual, FINAL JUDGMENT IN FAVOR OF DEFENDANT SHIPCO TRANSPORT, INC. Plaintiff, 14 15 v. 16 SHIPCO TRANSPORT, INC. a New Jersey corporation, 17 Defendants. 18 Judge: Ctrm.: Hon. Beverly Reid O’Connell 14 Action Filed: August 2, 2013 Trial Date: December 15, 2015 19 20 21 22 23 24 25 26 27 FINAL JUDGMENT On April 16, 2013, Plaintiff, John Falkenstein filed a complaint in this action in the San Francisco Superior Court (S.F. Superior Ct. Case No. CGC-13-530670) which was removed to the Northern District Court of California on August 2, 2013 (N.D. Cal. Case No. 13-cv-03605) and then transferred to this Court on October 24, 2013, and assigned the above Action number in this District. (Dkt. Nos. 16-17.) On July 23, 2013, Plaintiff filed a First Amended Complaint in the above-entitled action to which Defendant responded. On February 24, 2015, plaintiff John 28 2:13-cv-08052-BRO-JC 4843-9891-5881.2 -1- FINAL JUDGMENT IN FAVOR OF SHIPCO TRANSPORT, INC. Dockets.Justia.com complaint in this action, alleging causes of action against defendant Shipco 3 Transport, Inc. for Fraudulent Conveyance under California Civil Code Sections 4 3439.05 and 3439.04, and for Resulting Trust. (Dkt. No. 93; hereafter, the 5 “Complaint.”) On August 17, 2015, Defendant, Shipco Transport, Inc. filed its 6 Motion for Summary Judgment. (Dkt. No. 232.) After briefing by both parties, on 7 October 13, 2015, the Motion for Summary Judgment by defendant Shipco 8 Transport, Inc. came on for hearing before this Court, the Honorable Beverly Reid 9 O’Connell presiding. After considering the papers submitted in support of and in 10 A Professional Corporation San Francisco Falkenstein filed a Second Amended Complaint herein, which is the operative 2 Ropers Majeski Kohn & Bentley 1 opposition to the Motion for Summary Judgment, as well as the oral arguments of 11 counsel presented at the hearing, and the issues having been duly heard, this Court 12 GRANTED the Motion for Summary Judgment in its entirety. (Dkt. No. 293.) 13 Now therefore, IT IS ORDERED, ADJUDGED, AND DECREED that: 14 1. Judgment is hereby entered in favor of defendant, Shipco Transport, 15 Inc., and against plaintiff, John Falkenstein, in the action entitled Falkenstein v. 16 Shipco Transport, Inc., U.S.D.C. Central District of California Case No. 2:13-cv- 17 08052-BRO-JC; 18 2. Plaintiff, John Falkenstein shall take nothing in this Action. 19 3. Defendant Shipco Transport, Inc. is the prevailing party; and 20 4. Defendant Shipco Transport, Inc. shall be allowed costs under Federal 21 22 Rule of Civil Procedure 54 and 28 U.S.C. Section 1920, et seq. IT IS SO ORDERED. 23 24 DATED: October 26, 2015 25 ___________________________ HON. BEVERLY REID O’CONNELL United States District Judge 26 27 28 2:13-cv-08052-BRO-JC 4843-9891-5881.2 -2- FINAL JUDGMENT IN FAVOR OF SHIPCO TRANSPORT, INC.

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