Kalin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ALAN B. KALIN, Case No. 4:21-cv-01062-YGR

Plaintiff, ORDER GRANTING MOTIONS TO DISMISS v. Re: Dkt. Nos. 27, 47, 67

SEMPER MIDAS FUND, LTD., ET AL., Defendants.

Before the Court are two motions filed by defendants, including motions to dismiss: (i) defendants David Bree, Gregory A. Parsons, Stephen C. Ellwood, Richard D. Parsons, Ronald S. Lauder, Gregory W. Ellis, Semper Capital Partners LLC, RDP I LLC, and RSL Capital LLC for lack of personal jurisdiction; and (ii) for failure to state a claim under California Corporation Code Sections 25401, 25501, and 25504. (Dkt. Nos. 27, 47.) Having carefully reviewed the record, the pleadings, the papers submitted on each motion, the parties’ oral argument at the hearing held on December 7, 2021, and for the reasons set forth more fully below, the Court HEREBY ORDERS as follows: (1) the motions to dismiss for lack of personal jurisdiction are GRANTED WITH LEAVE TO AMEND; and (2) the…