Robb Evans v. Sheila Lee Cohen et al, No. 2:2006cv00035 - Document 159 (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 Martin K. Stiefel ("Stiefel") in the principal amount of $118,500.00, 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 throug h October 21, 2008, in the amount of $14,461.30 for a total judgment in the amount of $132,961.30 pursuant to the First, Second and Third Claims for Relief asserted in Plaintiff's Complaint, together with an award of post-judgment inte rest accruing from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961; judgment entered against Stiefel herein and any other judgments entered heretofore or hereafter in this action against any other defendan ts 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 Stiefel, and the Court expre ssly directs the entry of this separate judgment against Stiefel pursuant to F.R. Civ. P. 54 notwithstanding whether this action remains pending against other defendants; the Clerk of the Court shall enter this judgment forthwith while this action remains pending against other defendants. (bm)

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Robb Evans v. Sheila Lee Cohen et al 1 2 3 4 5 6 7 8 Doc. 159 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 Plaintiff, v. SHEILA LEE COHEN, individually and as Custodian and/or Trustee of the Cohen Family Revocable Trust, et al., 19 CASE NO. CV06-35 ABC (VBKx) JUDGMENT AGAINST DEFENDANT MARTIN K. STIEFEL, AN INDIVIDUAL, AFTER DEFAULT [F.R.C.P., Rules 54(b) and 55(b)(2)] DATE: TIME: PLACE: October 20, 2008 10:00 a.m. Courtroom 680 Defendants. 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 STIEFEL - CASE NO. CV06-35 ABC (VBKx) LA:17303656.1 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 Defendant 5 Martin K. Stiefel (“Default Judgment Application”) came on regularly for hearing 6 on October 20, 2008 at 10:00 a.m. before the Honorable Audrey B. Collins, United 7 States District Judge presiding in Courtroom 680 of the above-referenced Court. 8 The Defendant Martin K. Stiefel having been regularly served with process, and 9 having failed to appear and answer the Plaintiff’s complaint filed herein on January 10 3, 2006, and the default of said defendant having been duly entered and evidence 11 having been considered by the Court, and the Court having reviewed and 12 considered the Default Judgment Application and all pleadings and papers filed in 13 support, including all admissible evidence filed in support thereof, and no 14 opposition to the Default Judgment Application having been filed, and good cause 15 appearing for entry of judgment against the defendant pursuant to Rule 55 of the 16 Federal Rules of Civil Procedure: 17 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that 18 Plaintiff Robb Evans as Receiver of the assets of James P. Lewis, Jr., individually 19 and doing business as Financial Advisory Consultants, Income Fund, Ltd. and 20 Growth Fund, Ltd., shall have judgment against defendant Martin K. Stiefel 21 (“Stiefel”) in the principal amount of $118,500.00, together with pre-judgment 22 interest on said sum at the federal statutory rate under 28 U.S.C. § 1961 in effect on 23 the date of filing this lawsuit and through October 21, 2008, in the amount of 24 $14,461.30 for a total judgment in the amount of $132,961.30 pursuant to the First, 25 Second and Third Claims for Relief asserted in Plaintiff’s Complaint, together with 26 an award of post-judgment interest accruing from and after the date of entry of 27 judgment until paid in full pursuant to 28 U.S.C. § 1961; 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 STIEFEL - CASE NO. CV06-35 ABC (VBKx) LA:17303656.1 1 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 2 judgment entered against Stiefel herein and any other judgments entered heretofore 3 or hereafter in this action against any other defendants are several as to each such 4 defendant unless otherwise expressly stated in the judgment to be joint and several 5 as to the particular defendants; 6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there 7 is no just reason for delay in entry of this final judgment against Stiefel, and the 8 Court expressly directs the entry of this separate judgment against Stiefel pursuant 9 to F.R. Civ. P. 54 notwithstanding whether this action remains pending against 10 11 12 other defendants; and IT IS FURTHER ORDERED that the Clerk of the Court shall enter this judgment forthwith while this action remains pending against other defendants. 13 14 DATED: October 24, 2008 15 AUDREY B. COLLINS 16 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 STIEFEL - CASE NO. CV06-35 ABC (VBKx) LA:17303656.1

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