According to the docket posted, on December 29, 1997, the Court entered the certified copy of the Order from U.S Court of Appeals for the Ninth Circuit. The pending appeal was dismissed.

On October 28, 1996, the defendants filed a motion to dismiss the first and second claims for relief of the complaint. On January 24, 1997, the Court granted the motion to dismiss the first and second claims and dismissed the Fox defendants. On February 4, 1997, the Court entered the Order by U.S. District Judge Marilyn H. Patel the court granting the defendants' motion to dismiss the federal claims with prejudice, but without prejudice as to any state law claims that the plaintiff may have. Further, according to the Order, since the federal claims are dismissed and there is no diversity jurisdiction, the court lacks supplemental jurisdiction over the state law claims. Therefore, the complaint is dismissed in its entirety. On March 5, 1997, the Court entered and Amended Opinion granting the Wheatley and Fox defendants' motions to dismiss the federal claims with prejudice, but without prejudice as to any state law claims that the plaintiff may have against them. The plaintiff then filed a notice of appeal from the District Court’s decision on March 25, 1997

According to the complaint, Plaintiff brings this action as the result of facts
discovered by her undersigned attorneys in April 1996 in a related action plaintiff and her mother brought on August 17, 1995, and which is currently pending in the Santa Clara County Superior Court, entitled Dorothy M. Kaufman, et al. v. Northern Trust Bank of California, N.A., et al., Case No. CV 751777 (the "State Action"). The defendants, in the State Action are the same as the defendants in this action. By the State Action, plaintiffs challenge a tender offer (the "Tender Offer") made by defendant Wheatley Ventures, Inc. ("Wheatley") in the summer and fall of 1993 to the Noteholders of the outstanding Nonrecourse Promissory Notes (the "Notes") issued the Partnership.