Estakhrian

Proceedings: (In Chambers) Order Re: Motion for Summary Judgment / Summary Adjudication

Having reviewed and considered all the briefing filed with respect to defendant Mark Obenstine’s (“defendant” or “Oben-stine”) Joint Brief Concerning [His] Motion for Summary Judgment / Adjudication of Issues (Dkt. 433, “MSJ Jt. Br.”), the court finds that oral argument is not necessary to resolve the motion, see Fed. R. Civ. P. 78; Local Rule 7-15; Willis v. Pac. Mar. Ass’n, 244 F.3d 675 , 684 n. 2 (9th Cir. 2001), and concludes as follows.

INTRODUCTION

The instant matter arises out of a class action that was litigated in Nevada state court, Daniel Watt, et al. v. Nevada Property 1, LLC, et al., Case No. A582541 (“Nevada litigation”). (See Dkt. 490, Court’s Order of October 24, 2016, at 2) (citing Dkt. 373, Second Amended Class Action Complaint (“SAC”) at ¶20). On February 11, 2009, plaintiffs filed a class action complaint for breach of contract regarding the purchase of condominium units in what became the Cosmopolitan Hotel (“Cosmopolitan”), located in Las Vegas, Nevada. (See id.) (citing Dkt. 373, SAC at ¶ 20). The class members sought to “rescind their purchase contracts and to obtain…