NETBANK V COMMERCIAL MONEY CENTER, INC., No. 2:2002cv01051 - Document 290 (D. Nev. 2012)

Court Description: ORDER Granting 283 Plaintiff's Motion for Entry of Final Judgment against Safeco Company of America. IT IS FURTHER ORDERED that the Court promptly enter the proposed form of judgment. Signed by Judge Kent J. Dawson on 12/03/2012. (Copies have been distributed pursuant to the NEF - AC)

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NETBANK V COMMERCIAL MONEY CENTER, INC. Doc. 290 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 NETBANK, FSB 12 Plaintiff, 13 v. 14 Case No. 2:02-CV-01051-KJD-LRL COMMERCIAL MONEY CENTER, et al., ORDER 15 Defendants. 16 17 Before the Court is the Motion for Entry of Final Judgment against Safeco Company of 18 America (#283) filed by Plaintiff Federal Deposit Insurance Corporation, as Receiver for NetBank, 19 FSB, (“FDIC”). Defendant Safeco has filed a Non-opposition to Motion for Judgment (#286). The 20 Court has considered the Motion and finds it to be supported by good cause. A jury has returned a 21 special verdict with answers to written questions in favor of FDIC, finding damages for FDIC on its 22 breach of contract and breach of fiduciary duty claims in the amount of $60,475,293.90. The Court 23 has also entered judgment in favor of FDIC on its claim for attorneys’ fees and costs in the amount of 24 $7,911,400.68. A mistrial has been declared on FDIC’s remaining claim for punitive damages, and 25 this claim has been severed. Accordingly, there is no reason for delay in entering final judgment. 26 Dockets.Justia.com 1 FDIC has submitted a proposed form of judgment as an exhibit to its Motion (#283). In 2 accordance with Federal Rule of Civil Procedure 58(b)(2), the Court approves the proposed form of 3 judgment. 4 5 6 7 8 IT IS HEREBY ORDERED that the Motion for Entry of Final Judgment against Safeco Company of America (#283) is GRANTED. IT IS FURTHER ORDERED that the Court promptly enter the proposed form of judgment attached as an exhibit to the Motion (#283). DATED this 3rd day of December 2012. 9 10 11 12 _____________________________ Kent J. Dawson United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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