RTP LLC et al v. Orix Real Estate Capital, Inc., No. 1:2013cv00350 - Document 112 (N.D. Ill. 2014)
Court Description: MOTION by Defendant Orix Real Estate Capital, Inc. for judgment Entry of Final Judgment Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (Proposed Order))(Benz, Michael)
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RTP LLC et al v. Orix Real Estate Capital, Inc. Doc. 112 Att. 4 EXHIBIT 4 Document2 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS RTP LLC, a Michigan limited liability company, and INHERITANCE CAPITAL GROUP, LLC, n/k/a W&D REAL ESTATE OPPORTUNITY FUND I, LLC, a Michigan limited liability company, Plaintiffs and Counter-Claim Defendants, V. ORIX REAL ESTATE CAPITAL, INC., Defendant and Counter-Claim Plaintiff. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 13-CV-00350 Honorable Charles Kocoras FINAL JUDGMENT ORDER This Court having previously entered its Memorandum Opinion dated September 8, 2014 (Docket No. 111) in which it (a) granted Defendant/Counter-Claim Plaintiff’s motion for summary judgment (Docket No. 62) on all counts of Plaintiffs’ Amended Complaint (Docket No. 50, the “Amended Complaint”) and Defendant/Counter-Claim Plaintiff’s Amended Counterclaim (Docket No. 54, the “Amended Counterclaim”), (b) denied Plaintiffs/CounterClaim Defendants’ motion for partial summary judgment on on all counts of the Amended Complaint (Docket No. 66), and (c) determined that Events of Default under the Loan Agreement occurred beginning in September 2010 and that Counterclaim Defendants are jointly and severally liable for violations of Sections 1(a)(x) and 1(b)(ix) of the Guaranty. And this Court having reviewed the Motion of Defendant/Counter-Claim Plaintiff for Entry of a Final Judgment Order, including the Declaration of Chuck Crouch submitted in connection therewith (Docket No. __), IT IS HEREBY ORDERED AS FOLLOWS: RTP-Judgment.doc 1917590 1. Judgment is entered in favor of Defendant ORIX Real Estate Capital, Inc. and against both Plaintiffs, RTP LLC and Inheritance Capital Group, LLC, n/k/a W&D Real Estate Opportunity Fund I, LLC, on all Counts of the Amended Complaint. 2. Judgment is entered in favor of Counter-Claim Plaintiff ORIX Real Estate Capital, Inc. and against both Counter-Claim Defendants, RTP LLC and Inheritance Capital Group, LLC, n/k/a W&D Real Estate Opportunity Fund I, LLC, on Count I of the Amended Counterclaim. 3. Judgment is entered in favor of Counter-Claim Plaintiff ORIX Real Estate Capital, Inc. and against both Counter-Claim Defendants, RTP LLC and Inheritance Capital Group, LLC, n/k/a W&D Real Estate Opportunity Fund I, LLC, jointly and severally, on Count I of the Amended Counterclaim in the amount of $________________. 4. The amount of attorney’s fees and costs to be awarded to Counter-Claim Plaintiff ORIX Real Estate Capital, Inc. on Count I of the Amended Counterclaim is reserved for further proceedings pursuant to the Local Rules of the United States District Court for the Northern District of Illinois. DATED: ______________, 2014 ENTER: United States District Judge Charles P. Kocoras -2-
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