Alex Swartzendruber v. Colony Capital, Inc. et al, No. 2:2020cv04673 - Document 57 (C.D. Cal. 2021)

Court Description: FINAL JUDGMENT PURSUANT TO FRCP 58 56 by Judge R. Gary Klausner. HEREBY ORDERS AS FOLLOWS: (1) Final judgment is hereby entered with prejudice against Lead Plaintiffs in this action and in favor of Defendants. (2) The Court finds that each of the P arties, and his or its attorneys, complied with the requirements of Rule 11 of the FRCP at all times in this action and, in particular, with respect to "any complaint, responsive pleading or dispositive motion" in this action. (3) Lead Plai ntiffs have waived all rights to appeal this Order, the Court's 12/10/2020 Order (ECF No. 55 ), and any other order in this action; and (4) Each of the Parties shall bear his or its own attorneys' fees and costs incurred in connection with this action. (jp)

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Alex Swartzendruber v. Colony Capital, Inc. et al 1 2 3 4 5 6 7 8 9 10 11 12 13 Doc. 57 DANIEL M. PETROCELLI (S.B. #97802) dpetrocelli@omm.com O’MELVENY & MYERS LLP 1999 Avenue of the Stars, 7th Floor Los Angeles, CA 90067-6035 Telephone: (310) 553-6700 CLOSED MATTHEW W. CLOSE (S.B. #188570) mclose@omm.com BRITTANY ROGERS (S.B. #274432) brogers@omm.com O’MELVENY & MYERS LLP 400 South Hope Street Los Angeles, California 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407 Attorneys for Defendants Colony Capital, Inc., Thomas J. Barrack, Jr., Mark M. Hedstrom, and Darren J. Tangen 14 UNITED STATES DISTRICT COURT 15 FOR THE CENTRAL DISTRICT OF CALIFORNIA 16 17 18 ALEX SWARTZENDRUBER, Individually and on behalf of all others similarly situated, 19 20 21 22 23 24 Plaintiff, v. COLONY CAPITAL, INC., THOMAS J. BARRACK, JR., MARK M. HEDSTROM, and DARREN J. TANGEN, Case No. 2:20-CV-04673-RGK-AS [PROPOSED] FINAL JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 58 Judge: Hon. R. Gary Klausner Courtroom: 850 Defendants. 25 26 27 28 [PROPOSED] FINAL JUDGMENT 2:20-CV-04673-RGK-AS Dockets.Justia.com 1 Before the Court is Lead Plaintiffs James Alpha Global Real Estate 2 Investments Portfolio and James Alpha Multi Strategy Alternative Income Portfolio 3 (together, the “James Alpha Funds” or “Lead Plaintiffs”), defendants Colony 4 Capital, Inc., Thomas J. Barrack, Jr., Mark M. Hedstrom, and Darren J. Tangen’s 5 (“Defendants”, collectively with Lead Plaintiff, the “Parties”) Joint Stipulation to 6 Enter Final Judgment (the “Joint Stipulation”). The Court, having considered the 7 Joint Stipulation, and good cause appearing therefore, HEREBY ORDERS AS 8 FOLLOWS: 9 1. 10 11 Final judgment is hereby entered with prejudice against Lead Plaintiffs in this action and in favor of Defendants. 2. The Court finds that each of the Parties, and his or its attorneys, 12 complied with the requirements of Rule 11 of the Federal Rules of Civil Procedure 13 at all times in this action and, in particular, with respect to “any complaint, 14 responsive pleading or dispositive motion” in this action. 15 16 17 18 19 3. Lead Plaintiffs have waived all rights to appeal this Order, the Court’s December 10, 2020 Order (ECF No. 55), and any other order in this action; and 4. Each of the Parties shall bear his or its own attorneys’ fees and costs incurred in connection with this action. IT IS SO ORDERED AND ADJUDGED. 20 21 22 23 24 25 Dated: January 13, 2021 By Hon. R. Gary Klausner United States District Judge 26 27 28 [PROPOSED] FINAL JUDGMENT 2:20-CV-04673-RGK-AS

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