Robb Evans v. Richard Deatherage et al, No. 2:2006cv00027 - Document 150 (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 ants Dustin R. Hall and Tiffany Hall in theprincipal amount of $112,500.00, 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 Octobe r 6, 2008, in the amount of $13,524.01 for a total judgment in the amount of $126,024.01 which judgment shall be joint and several as to those Defendants, pursuant to the First, Second and Third Claims for Relief asserted in Plaintiffs Comp laint, together with an award of post-judgment interest accruing from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961; judgment entered against the Defendants herein and any other judgments enteredheretofo re or hereafter in this action against any other defendants are several as to each such defendant unless otherwise expressly stated in the judgment to be joint and several as to the particular defendants; and that there is no just reason for delay in entry of this final judgment against Defendants Dustin R. Hall and Tiffany Hall, and the Court expressly directs the entry of this separate judgment against said Defendants pursuant to F.R. Civ. P. 54 notwithstanding whether this action remains pending against other defendants. 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. Richard Deatherage et al 1 2 3 4 5 6 7 8 Doc. 150 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 18 19 20 Plaintiff, v. RICHARD DEATHERAGE, individually and as Trustee of the Deatherage Family Trust; JOAN DEATHERAGE, individually and as Trustee of the Deatherage Family Trust, et al. CASE NO. CV06-27 ABC (VBKx) JUDGMENT AGAINST DEFENDANTS DUSTIN R. HALL AND TIFFANY HALL [F.R.C.P. 56] DATE: TIME: PLACE: October 6, 2008 10:00 a.m. Courtroom 680 Defendants. 21 22 23 24 25 26 27 28 M C K ENNA L ONG & A LDRIDGE LLP A TT O RN EY S A T L A W L OS A N GE L E S [PROPOSED] JUDGMENT AGAINST DEFENDANTS DUSTIN R. HALL AND TIFFANY HALL - CASE NO. CV06-27 ABC (VBKx) LA:17315060.2 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 Defendants Dustin R. Hall aka Dustin Hall and Tiffany Hall which was set for 5 hearing on October 6, 2008 at 10:00 a.m. in Courtroom 680 of the above-referenced 6 Court, the Honorable Audrey B. Collins, United States District Judge presiding. On 7 October 2, 2008, the Court vacated the October 6, 2008 hearing date. The Court 8 having read and considered all papers filed in support of the Motion for Summary 9 Judgment, including all admissible evidence filed in support of and no opposition to 10 the Motion having been filed, the Court determining that no genuine issue as to any 11 material fact exists and that Plaintiff is entitled to a judgment as a matter of law, 12 and the Court finding that good cause exists for entry of a separate judgment under 13 Rule 54 of the Federal Rules of Civil Procedure under the circumstances, 14 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff Robb 15 Evans as Receiver of the assets of James P. Lewis, Jr., individually and doing 16 business as Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, 17 Ltd., shall have judgment against Defendants Dustin R. Hall and Tiffany Hall in the 18 principal amount of $112,500.00, together with pre-judgment interest on said sum 19 at the federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing 20 this lawsuit and through October 6, 2008, in the amount of $13,524.01 for a total 21 judgment in the amount of $126,024.01 which judgment shall be joint and several 22 as to those Defendants, pursuant to the First, Second and Third Claims for Relief 23 asserted in Plaintiff’s Complaint, together with an award of post-judgment interest 24 accruing from and after the date of entry of judgment until paid in full pursuant to 25 28 U.S.C. § 1961; 26 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 27 judgment entered against the Defendants herein and any other judgments entered 28 heretofore or hereafter in this action against any other defendants are several as to M C K ENNA L ONG & A LDRIDGE LLP A TT O RN EY S A T L A W L OS A N GE L E S -1[PROPOSED] JUDGMENT AGAINST DEFENDANTS DUSTIN R. HALL AND TIFFANY HALL - CASE NO. CV06-27 ABC (VBKx) LA:17315060.2 1 each such defendant unless otherwise expressly stated in the judgment to be joint 2 and several as to the particular defendants; and 3 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there 4 is no just reason for delay in entry of this final judgment against Defendants Dustin 5 R. Hall and Tiffany Hall, and the Court expressly directs the entry of this separate 6 judgment against said Defendants pursuant to F.R. Civ. P. 54 notwithstanding 7 whether this action remains pending against other defendants. 8 IT IS FURTHER ORDERED that the Clerk of the Court shall enter this 9 judgment forthwith notwithstanding whether this action remains pending against 10 other defendants. 11 12 DATED: October 17, 2008 13 __________________ HON. AUDREY B. COLLINS UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M C K ENNA L ONG & A LDRIDGE LLP A TT O RN EY S A T L A W L OS A N GE L E S -2[PROPOSED] JUDGMENT AGAINST DEFENDANTS DUSTIN R. HALL AND TIFFANY HALL - CASE NO. CV06-27 ABC (VBKx) LA:17315060.2

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