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Desarrolladora El Arca, S.A.P.I. DE C.V v. Smith

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


November 17, 2010

DESARROLLADORA EL ARCA, S.A.P.I. DE C.V., A MEXICAN CORPORATION, PLAINTIFF,
v.
JEFFREY LYNN SMITH, AN INDIVIDUAL; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Judge Manuel Real

ORDER GRANTING DEFENDANT JEFFREY LYNN SMITH'S MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6)

Defendant Jeffrey Lynn Smith's Motion to Dismiss the First Amended Complaint of Plaintiff Desarrolladora El Arca, S.A.P.I. DE C.V ("Plaintiff"), pursuant to Federal Rule of Civil Procedure 12(b)(6), came on regularly for hearing on November 15, 2010, at 10:00 a.m., in the above entitled Court. Thomas Snyder, Esq. of Sheppard Mullin Richter & Hampton LLP appeared on behalf of Plaintiff, and David R. Shraga, Esq., of Iaffaldano Shaw & Young LLP appeared on behalf of Defendant.

The Court, having read and considered the papers and arguments submitted by the parties and finding good cause therefor, hereby orders that Defendant's Motion to Dismiss the first and only cause of action for fraud set forth in the First Amended Complaint is hereby GRANTED for the reasons stated on the record.

The Court ORDERS that the First Amended Complaint is hereby dismissed with prejudice, and ORDERS further that leave to amend is denied for failure to cure the deficiencies by the amendment previously allowed and futility of amendment, as stated on the record.

IT IS SO ORDERED.

HON. MANUEL L. REAL JUDGE OF THE UNITED STATES DISTRICT COURT OF THE CENTRAL DISTRICT OF CALIFORNIA

20101117

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