Robb Evans v. Bob Harman et al, No. 8:2006cv00010 - Document 162 (C.D. Cal. 2010)

Court Description: AMENDED JUDGMENT AGAINST DEFENDANT ROBERT GAHN by Judge Audrey B. Collins: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff Robb Evans, as Receiver over the assets of James P. Lewis, Jr., individually and doing business as Financial Advis ory Consultants, Income Fund, Ltd. and Growth Fund, Ltd. shall recover from defendant Robert Gahn damages in the amount of $170,895.94, 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 until the date of entry of judgment, in the amount of $30,288.44, plus costs of suit herein is awarded in the sum of $1,059.13 for a total judgment in the amount of $202,243.51, pursuant to the First, Second and Third Claims for Relief asserted in Plaintiff's Complaint, 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; IT IS FURT HER ORDERED, ADJUDGED AND DECREED that the judgment entered against Robert Gahn herein and any other judgments entered heretofore or hereafter in this action against any other defendants are several as to each such defendant unless otherwise expressl y stated in the judgment to be joint and several as to the particular defendants; and IT IS FURTHER ORDERED that there is no just reason for delay in entry of this final judgment against Robert Gahn and the Court expressly directs that the Clerk of the Court enter this separate judgment against said Defendant pursuant to F.R. Civ. P. 54 notwithstanding whether this action remains pending against other defendants. (bm)

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Robb Evans v. Bob Harman et al 1 2 3 4 5 6 7 8 Doc. 162 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 300 South Grand Avenue, 14th Floor Los Angeles, CA 90071-3124 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. BOB HARMAN, TWILA HARMAN, et al., CASE NO. SACV06-10 ABC (VBKx) [PROPOSED] AMENDED JUDGMENT AGAINST DEFENDANT ROBERT GAHN [F.R.C.P., Rules 54(b) and 55(b)(2)] DATE: TIME: PLACE: January 25, 2010 10:00 a.m. Courtroom 680 Defendants. 19 20 21 22 By submission of the attorneys of record for Plaintiff Robb Evans, as 23 Receiver over the assets of James P. Lewis, Jr., individually and doing business as 24 Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, Ltd., 25 Plaintiff’s Application for Entry of Separate Default Judgment Against Defendant 26 Robert Gahn (“Default Judgment Application”) came on regularly for hearing on 27 January 25, 2010 at 10:00 a.m. before the Honorable Audrey B. Collins, United 28 States District Judge presiding in Courtroom 680 of the above-referenced Court. 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] AMENDED JUDGMENT AGAINST DEFENDANT ROBERT GAHN - CASE NO. SACV06-10 ABC (VBKx) LA:17720313.2 Dockets.Justia.com 1 The defendant Robert Gahn having been served with process, and having failed to 2 appear and answer the Plaintiff’s complaint filed herein on January 3, 2006, and the 3 default of said defendant having been duly entered and evidence having been 4 considered by the Court, and the Court having reviewed and considered the Default 5 Judgment Application and all pleadings and papers filed in support and opposition, 6 including all admissible evidence filed in support and opposition thereof, and good 7 cause appearing for entry of judgment against the defendants pursuant to Rule 55 of 8 the Federal Rules of Civil Procedure: 9 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that 10 Plaintiff Robb Evans, as Receiver over the assets of James P. Lewis, Jr., 11 individually and doing business as Financial Advisory Consultants, Income Fund, 12 Ltd. and Growth Fund, Ltd. shall recover from defendant Robert Gahn damages in 13 the amount of $170,895.94, together with pre-judgment interest on said sum at the 14 federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this 15 lawsuit until the date of entry of judgment, in the amount of $30,288.44, plus costs 16 of suit herein is awarded in the sum of $1,059.13 for a total judgment in the amount 17 of $202,243.51, pursuant to the First, Second and Third Claims for Relief asserted 18 in Plaintiff’s Complaint, together with an award of post-judgment interest accruing 19 from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. 20 § 1961; 21 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 22 judgment entered against Robert Gahn herein and any other judgments entered 23 heretofore or hereafter in this action against any other defendants are several as to 24 each such defendant unless otherwise expressly stated in the judgment to be joint 25 and several as to the particular defendants; and 26 IT IS FURTHER ORDERED that there is no just reason for delay in entry 27 of this final judgment against Robert Gahn and the Court expressly directs that the 28 Clerk of the Court enter this separate judgment against said Defendant pursuant 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 -2[PROPOSED] AMENDED JUDGMENT AGAINST DEFENDANT ROBERT GAHN - CASE NO. SACV06-10 ABC (VBKx) LA:17720313.2 1 F.R. Civ. P. 54 notwithstanding whether this action remains pending against other 2 defendants. 3 4 5 6 DATED: 2/9/10 7 AUDREY B. COLLINS UNITED STATES DISTRICT CHIEF JUDGE 8 9 10 11 12 13 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 -3[PROPOSED] AMENDED JUDGMENT AGAINST DEFENDANT ROBERT GAHN - CASE NO. SACV06-10 ABC (VBKx) LA:17720313.2

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