Robb Evans v. Christopher J Ball et al, No. 2:2006cv00017 - Document 160 (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 Defend ant John Francis Kovak in the principal amount of $309,038.35 together with pre-judgment interest on said sum at the federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this lawsuit and through September 24, 2008, in the amount of $36,725.45 for a total judgment in the amount of $345,763.80 pursuant to the First, Second and Third Claims for Relief asserted in Plaintiffs Complaint, together with an award of postjudgment interest accruing from and afte r the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961; judgment entered against the Defendant herein and any other judgments entered heretofore or hereafter in this action against any other defendants are several as toe ach such defendant unless otherwise expressly stated in the judgment to be joint and several as to the particular defendants; and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there is no just reason for delay in entry of this final judgment again st Defendant John Francis Kovak, and the Court expressly directs the entry of this separate judgment against said defendant pursuant to F.R. Civ. P. 54 notwithstanding whether this action remains pending against other defendants. IT IS FURTHER ORDERED that the Clerk of the Court shall enter this judgment forthwith notwithstanding whether this action remains pending against other defendants. (ir)

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Robb Evans v. Christopher J Ball et al 1 2 3 4 5 6 7 8 Doc. 160 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, v. CHRISTOPHER J. BALL, et al., 18 CASE NO. CV06-17 ABC (VBKx) JUDGMENT AGAINST DEFENDANT JOHN FRANCIS KOVAK [F.R.C.P. 56] DATE: TIME: PLACE: September 22, 2008 10:00 a.m. Courtroom 680 Defendants. 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 JOHN FRANCIS KOVAK - CASE NO. CV06-17 ABC (VBKx) LA:17315127.1 Dockets.Justia.com 1 Robb Evans as Receiver of the assets of James P. Lewis, Jr., individually and 2 doing business as Financial Advisory Consultants, Income Fund, Ltd. and Growth 3 Fund, Ltd. (“Plaintiff”), brought his Motion for Summary Judgment against 4 Defendant John Francis Kovak, which was heard on September 22, 2008 at 10:00 5 a.m. in Courtroom 680 of the above-referenced Court, the Honorable Audrey B. 6 Collins, United States District Judge presiding. Gary Owen Caris of McKenna 7 Long & Aldridge LLP appeared on behalf of the Plaintiff. No other appearances 8 were made despite due and proper notice having been given. The Court having 9 read and considered all papers filed in support of the Motion for Summary 10 Judgment, including all admissible evidence filed in support of the Motion, and no 11 opposition having been filed, the Court having heard and considered the arguments 12 and contentions of counsel, the Court determining that no genuine issue as to any 13 material fact exists and that Plaintiff is entitled to a judgment as a matter of law, 14 and the Court finding that good cause exists for entry of a separate judgment under 15 Rule 54 of the Federal Rules of Civil Procedure under the circumstances, 16 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff Robb 17 Evans as Receiver of the assets of James P. Lewis, Jr., individually and doing 18 business as Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, 19 Ltd., shall have judgment against Defendant John Francis Kovak in the principal 20 amount of $309,038.35 together with pre-judgment interest on said sum at the 21 federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this 22 lawsuit and through September 24, 2008, in the amount of $36,725.45 for a total 23 judgment in the amount of $345,763.80 pursuant to the First, Second and Third 24 Claims for Relief asserted in Plaintiff’s Complaint, together with an award of post- 25 judgment interest accruing from and after the date of entry of judgment until paid in 26 full pursuant to 28 U.S.C. § 1961; 27 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 28 judgment entered against the Defendant herein and any other judgments entered 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 JOHN FRANCIS KOVAK - CASE NO. CV06-17 ABC (VBKx) LA:17315127.1 1 heretofore or hereafter in this action against any other defendants are several as to 2 each such defendant unless otherwise expressly stated in the judgment to be joint 3 and several as to the particular defendants; and 4 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there 5 is no just reason for delay in entry of this final judgment against Defendant John 6 Francis Kovak, and the Court expressly directs the entry of this separate judgment 7 against said defendant pursuant to F.R. Civ. P. 54 notwithstanding whether this 8 action remains pending against other defendants. 9 IT IS FURTHER ORDERED that the Clerk of the Court shall enter this 10 judgment forthwith notwithstanding whether this action remains pending against 11 other defendants. 12 13 14 DATED: October 21, 2008___________ 15 HON. AUDREY B. COLLINS 16 UNITED STATES DISTRICT COURT 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 JOHN FRANCIS KOVAK - CASE NO. CV06-17 ABC (VBKx) LA:17315127.1

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