Robb Evans v. Justin Armour et al, No. 2:2006cv00011 - Document 190 (C.D. Cal. 2008)

Court Description: JUDGMENT by Judge Audrey B. Collins: Plaintiff Robb Evans as Receiver of the assets of James P Lewis Jr individually and doing business as Financial Advisory Consultants, Income Fund Ltd and Growth Fund Ltd shall have judgment against Defendant Igal M Mimon as Trustee of the Marcelle and Chaim Memoune Trust in the principal amount of $129,218.00 together with pre-judgment interest on said sum at the federal statute rate under 28 U.S.C. § 1961 in effect on the date of filing this lawsui t and through October 21, 2008, in the amount of $15,769.46 for a total judgment in the amount of $144,987.46 pursuant to the First, Second and Third Claims for Relief asserted in Plaintiffs Complaint, together with an award of post judgmen t interest accruing from and after the date of entry of judgment until paid infull pursuant to 28 U.S.C. § 1961; judgment entered against Mimon herein and any other judgments entered heretofore or hereafter in this action against any other defen dants are several as to each such defendant unless otherwise expressly stated in the judgment to be joint and several as to the particular defendants; there is no just reason for delay in entry of this final judgment against Mimon, and the Court expr essly directs the entry of this separate judgment against Mimon pursuant to F.R. Civ. P. 54 notwithstanding whether this action remains pending against other defendants; and Clerk of the Court shall enter this judgment forthwith while this action remains pending against other defendants. (ir)

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Robb Evans v. Justin Armour et al 1 2 3 4 5 6 7 8 Doc. 190 GARY OWEN CARIS (SBN 088918) gcaris@mckennalong.com LESLEY ANNE HAWES (SBN 117101) lhawes@mckennalong.com ANGELA E. FONES (SBN 245204) afones@mckennalong.com McKENNA LONG & ALDRIDGE LLP 444 South Flower Street, 8th Floor Los Angeles, CA 90071-2901 Telephone: (213) 688-1000 Facsimile: (213) 243-6330 Attorneys for Plaintiff ROBB EVANS as Receiver 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 11 12 13 14 ROBB EVANS, as Receiver over the Assets of James P. Lewis, Jr., individually and doing business as Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, Ltd., 15 16 17 Plaintiff, CASE NO. CV06-11 ABC (VBKx) JUDGMENT AGAINST IGAL M. MIMON AS TRUSTEE OF THE MARCELLE AND CHAIM MEMOUNE TRUST AFTER DEFAULT [F.R.C.P., Rules 54(b) and 55(b)(2)] v. DATE: TIME: PLACE: JUSTIN ARMOUR, et al., 18 Defendants. October 20, 2008 10:00 a.m. Courtroom 680 19 20 21 22 23 24 25 26 27 28 M C K ENNA L ONG & A LDRIDGE LLP 1 A TT O RN EY S A T L A W L OS A N GE L E S [PROPOSED] JUDGMENT AGAINST DEFENDANT IGAL MIMON - CASE NO. CV06-11 ABC (VBKx) LA:17313310.2 Dockets.Justia.com 1 By submission of the attorneys of record for Plaintiff Robb Evans, as 2 Receiver over the assets of James P. Lewis, Jr., individually and doing business as 3 Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, Ltd., 4 Plaintiff’s Application for Entry of Separate Default Judgment Against Igal M. 5 Mimon as Trustee of the Marcelle and Chaim Memoune Trust (“Default Judgment 6 Application”) came on regularly for hearing on October 20, 2008 at 10:00 a.m. 7 before the Honorable Audrey B. Collins, United States District Judge presiding in 8 Courtroom 680 of the above-referenced Court. The defendant Igal M. Mimon as 9 Trustee of the Marcelle and Chaim Memoune Trust having been regularly served 10 with process, and having failed to appear and answer the Plaintiff’s complaint filed 11 herein on January 3, 2006, and the default of said defendant having been duly 12 entered and evidence having been considered by the Court, and the Court having 13 reviewed and considered the Default Judgment Application and all pleadings and 14 papers filed in support, including all admissible evidence filed in support thereof, 15 and no opposition to the Default Judgment Application having been filed, and good 16 cause appearing for entry of judgment against the defendant pursuant to Rule 55 of 17 the Federal Rules of Civil Procedure: 18 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that 19 Plaintiff Robb Evans as Receiver of the assets of James P. Lewis, Jr., individually 20 and doing business as Financial Advisory Consultants, Income Fund, Ltd. and 21 Growth Fund, Ltd., shall have judgment against defendant Igal M. Mimon as 22 Trustee of the Marcelle and Chaim Memoune Trust (“Mimon”) in the principal 23 amount of $129,218.00, together with pre-judgment interest on said sum at the 24 federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this 25 lawsuit and through October 21, 2008, in the amount of $15,769.46 for a total 26 judgment in the amount of $144,987.46 pursuant to the First, Second and Third 27 Claims for Relief asserted in Plaintiff’s Complaint, together with an award of post- 28 M C K ENNA L ONG & A LDRIDGE LLP -2- A TT O RN EY S A T L A W L OS A N GE L E S [PROPOSED] JUDGMENT AGAINST DEFENDANT IGAL MIMON - CASE NO. CV06-11 ABC (VBKx) LA:17313310.2 1 judgment interest accruing from and after the date of entry of judgment until paid in 2 full pursuant to 28 U.S.C. § 1961; 3 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 4 judgment entered against Mimon herein and any other judgments entered heretofore 5 or hereafter in this action against any other defendants are several as to each such 6 defendant unless otherwise expressly stated in the judgment to be joint and several 7 as to the particular defendants; 8 9 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there is no just reason for delay in entry of this final judgment against Mimon, and the 10 Court expressly directs the entry of this separate judgment against Mimon pursuant 11 to F.R. Civ. P. 54 notwithstanding whether this action remains pending against 12 other defendants; and 13 14 IT IS FURTHER ORDERED that the Clerk of the Court shall enter this judgment forthwith while this action remains pending against other defendants. 15 16 DATED: October 23, 2008 AUDREY B. COLLINS UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 M C K ENNA L ONG & A LDRIDGE LLP -3- A TT O RN EY S A T L A W L OS A N GE L E S [PROPOSED] JUDGMENT AGAINST DEFENDANT IGAL MIMON - CASE NO. CV06-11 ABC (VBKx) LA:17313310.2

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