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Hardisty v. Moore

United States District Court, S.D. California

March 18, 2014

John T. Hardisty, Plaintiff,
v.
Harold Maxine Moore, et al., Defendants

Page 1045

[Copyrighted Material Omitted]

Page 1046

For John T. Hardisty, Plaintiff: Ali M.M. Mojdehi, LEAD ATTORNEY, Cooley LLP, San Diego, CA; William B. Federman, LEAD ATTORNEY, PRO HAC VICE, Federman & Sherwood, Oklahoma City, OK.

For Harold Maxine Moore, Elaine K. Moore, also known as Melanie K. Moore, The 1998 Harold M. Moore Revocable Trust, Mark Peluso, an individual, State Insulation, LLC, a Nevada limited liability company State Insulation, LLC, an Arizona limited liability company, Defendants: Gary Edward Scalabrini, LEAD ATTORNEY, Gibbs Giden Locher Turner & Senet LLP, Los Angeles, CA.

For State Insulation, Inc., an Arizona limited liability company, Harold Maxine Moore, The 1998 Harold M. Moore Revocable Trust, State Insulation, LLC, a Nevada limited liability company Mark Peluso, an individual Elaine K. Moore, State Insulation, LLC an Arizona limited liability company, Counter Claimants: Gary Edward Scalabrini, LEAD ATTORNEY, Gibbs Giden Locher Turner & Senet LLP, Los Angeles, CA.

For John T. Hardisty, Counter Defendant: Ali M.M. Mojdehi, LEAD ATTORNEY, Cooley LLP, San Diego, CA; William B. Federman, LEAD ATTORNEY, Federman & Sherwood, Oklahoma City, OK.

OPINION

Page 1047

Hon. Anthony J. Battaglia, U.S. District Judge.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Doc. No. 59)

Presently before the Court is Defendants Harold Maxine Moore (" Hal Moore" ), Elaine K. Moore, aka Melanie K. Moore (" Melanie Moore" ), State Insulation, LLC, an Arizona limited liability company (" State Insulation--Arizona" ), State Insulation, LLC, a Nevada limited liability company (" State Insulation--Nevada" ) (collectively, " State Insulation" ), the 1998 Harold M. Moore Revocable Trust (" the Trust" ), and Mark Peluso's (" Peluso" ) (collectively, " Defendants" ) motion for summary judgment. (Doc. No. 59.) Plaintiff John T. Hardisty (" Plaintiff" ) filed on opposition on December 23, 2013, (Doc. No. 65), and Defendants filed a reply on January 13, 2014, (Doc. No. 74). The Court held a hearing on the motion on March 11, 2014. (Doc. No. 79.) For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART Defendants' motion for summary judgment.[1] (Doc. No. 59.)

BACKGROUND

I. Factual Background

This action arises from Defendant Hal Moore's investment in a limited liability company known as Legacy Pointe LLC (" Legacy Pointe" or " the Company" ), which was formed in or around 2007 to acquire, develop, and construct a 252-unit HUD financed apartment complex located in ...


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