Roditi
Roditi v. New River Investments Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MANUEL RODITI and VENICE Case No.: 3:20-cv-01908-RBM-MSB
BEJARANO,
ORDER REGARDING ISSUES
Plaintiffs, IDENTIFIED IN JOINT PRETRIAL v. ORDER
NEW RIVER INVESTMENTS INC., et [Docs. 98] al., 16 Defendants. 17 18 On June 1, 2021, Plaintiffs filed their Amended Complaint. (Doc. 29 (“FAC”).) On December 7, 2023, the parties filed their Proposed Joint Pretrial Order (“PTO”). (Doc. 98.) The PTO identified several issues in dispute. (Id. at 3, 4 n.1, 6 n.2 & 3.) First, Defendants objected to Plaintiffs’ claim that Defendants failed to use reasonable care because it was not plead in Plaintiffs’ FAC. (Id. at 3.) Second, Plaintiffs objected to Defendants’ unjust enrichment defense because it was not asserted in their answer to Plaintiffs’ FAC. (Id. at 4 n.1.) Third, Plaintiffs objected to two of Defendants’ witnesses—Samantha Powell and Morgan Stanley’s Person Most Knowledgeable—because …