Ellusionist Cash Balance Plan and Trust v. Spiegel Accountancy Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 ELLUSIONIST CASH BALANCE PLAN Case No. 23-cv-00287-AMO AND TRUST, et al., 9 Plaintiffs, ORDER RE MOTION TO DISMISS SECOND AMENDED COMPLAINT v. Re: Dkt. No. 54 SPIEGEL ACCOUNTANCY CORP., et al., 12 Defendants.

13 This securities fraud action arises from the Ponzi scheme orchestrated by a Los Angeles- based actor named Zachary Horwitz. Defendants Spiegel Accountancy Corporation, Jeffrey Spiegel, Ryan Spiegel, and SAC Advisory Group, LLC move to dismiss the second amended complaint filed by Plaintiffs Ellusionist Cash Balance Plan and Trust, Uyen “Cindy” Huhyn, Southwest Investments Funds, LLC, AVR Group, LLC, Trident Asset Management, Inc., and Phoenix Affordable Housing Authority, LLC. Having carefully considered the parties’ papers, the relevant legal authority, and good cause appearing, the Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND as to the federal claims and DECLINES to exercise supplemental…