Judge: Stephen I. Goorvitch, Case: 19STCV43653, Date: 2023-02-24 Tentative Ruling

Case Number: 19STCV43653    Hearing Date: February 24, 2023    Dept: 39

JTX Group, Inc. v. Global Meat Federation, Inc.

Case No. 19STCV43653

Motion for Reconsideration

Trial Setting Conference

            Plaintiff JTX Group, Inc. (“Plaintiff” or “JTX”) filed this action against numerous defendants.  In brief, Plaintiff alleges that it entered into a nonbinding agreement by which Plaintiff planned to purchase a 55% stake in Global Meat Federation, Inc. (“Global Meat Federation”) for $52,800,000.  (Third Amended Complaint, ¶ 74.) Plaintiff further alleges that Plaintiff would provide $1,500,000 to Global Meat Federation as working capital while the parties completed the proposed transaction.  (Third Amended Complaint, ¶¶ 77-78.)  Plaintiff alleges that he terminated the proposed purchase, and requested the return of the $1,500,000. (Third Amended Complaint, ¶ 86.)  Plaintiff alleges that Global Meat Federation refused to return the $1,500,000, and distributed it between Defendant, Jamal Dawood (“Dawood”), and related entities.  (Third Amended Complaint, ¶ 91.) 

            Defendant United Properties, Inc. (“United Properties”) filed a motion for summary judgment, which the Court granted on October 5, 2022.  (See Court’s Minute Order, dated October 5, 2022.)  Then, Defendant Colony Capital, LLC (“Colony”) filed a motion for summary judgment.  The Court denied that motion on January 20, 2023.  (See Court’s Minute Order, dated January 20, 2023, pp. 1-6.)  Because Colony and United Properties were similarly-situated defendants, the Court noticed its own motion for reconsideration of its order granting summary judgment.  (See Court’s Minute Order, dated January 20, 2023, pp. 7-8.)

            Counsel for United Properties argues that the Court lacks jurisdiction to reconsider its ruling, as Plaintiff’s counsel filed a notice of appeal.  (See Opposition to Motion for Reconsideration, filed on February 9, 2023, pp. 2-3.)  Plaintiff’s counsel concurs that the Court lacks jurisdiction to reconsider its ruling.  (See Reply Brief, p. 1.)  Based upon the foregoing, the Court orders as follows:

1.                  The Court takes its motion for reconsideration off-calendar given the lack of jurisdiction.

2.                  The Court continues the trial setting conference to June 5, 2023, at 9:00 a.m.

3.                  Plaintiff’s counsel shall provide notice and file proof of such with the Court.