Case Information
*1 Mintz & Werner MARSHALL G. MINTZ (BAR NO. 51164) PAMELA BILLE (BAR NO. 128025) 1801 Century Park East, Suite 2400 Los Angeles, California 90067 Telephone (310) 556-9692 Facsimile
JS-6 (310) 556-9693
Attorneys for Defendant ALAIN BOUBIL MUSIC, LTD.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
RUSTY LEMORANDE, Case No.: 2:08-cv-00939-R-FMO ) ) Plaintiff, ) ORDER GRANTING DEFENDANT ALAIN BOUBLIL MUSIC, LTD.’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED )
vs. ) ) CAMERON MACKINTOSH LIMITED, CAMERON MACKINTOSH, ARCHLIGHT FILMS INTERNATIONAL, PTY LTD. ALAIN )
) ) )
BOUBLIL MUSIC, LTD. and GARY HAMILTON and DOES 1 – 10, ) ) ) Defendants. DATE: DECEMBER 1, 2008 TIME: 10:00 A.M. PLACE: COURTROOM 8 HON. MANUEL L. REAL ) ) )
312 N. SPRING STREET LOS ANGELES, CA 90012 / / /
/ / /
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AMENDED COMPLAINT
*2
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Defendant Alain Boublil Music, Ltd.’s motion to dismiss the First Amended Complaint was heard by the Honorable Manuel L. Real on December 1, 2008, at 10:00 a.m. in Courtroom 8 of the United States District Court, Central District of California, located at 312 North Spring Street, Los Angeles, CA 90012. Marshall G. Mintz, Esq. appeared on behalf of Defendant Alain Boublil Music, Ltd., Vincent H. Chieffo, Esq. of Greenberg Traurig, LLP appeared on behalf of Defendants Cameron Mackintosh Limited and Sir Cameron Mackintosh, Nancy Gray, Esq. of Gray & Associates appeared on behalf of Defendants Gary Hamilton and Arclight Films International, PTY Limited, and Rusty Lemorande appeared in propria persona . The Court having read and considered the pleadings and moving papers, and the exhibits and admissible and competent evidentiary materials, and having heard and considered the arguments of counsel, and good cause having been shown:
ORDERS, that Defendant’s motion is GRANTED and the entire first amended complaint be and hereby is dismissed with prejudice pursuant to Rule 12(b)(1) F. R. Civ. P. for lack of subject matter jurisdiction;
FURTHER ORDERS, that the first cause of action of the first amended complaint be dismissed with prejudice without leave to amend for failure to state a claim upon which relief could be granted against Defendant Alain Boublil Music, Ltd., pursuant to Rule 12(b)(6), F.R. Civ. P.
*3 IT IS SO ORDERED.
Dated: _DEC. 2_, 2008 _______________________
MANUEL L. REAL UNITED STATES DISTRICT JUDGE Submitted by:
Mintz & Werner
By:_ Marshall G. Mintz Marshall G. Mintz
Attorney for Defendants
Alain Boublil Music, Ltd.
