Wells Fargo Capital Finance, Inc. v. North Pacific Group, Inc. et al, No. 3:2010cv00065 - Document 670 (D. Or. 2012)
Court Description: Final Judgment Of Dismissal Of Claims Of Plaintiff Wells Fargo Capital Finance, Inc ORDER AND ADJUDGED that all claims of Plaintiff Wells Fargo Capital Finance, Inc., against the defendants are dismissed without prejudice and without costs, disbursements, or attorney fees 669 . Signed on 1/30/12 by Judge Garr M. King. (cib)
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Wells Fargo Capital Finance, Inc. v. North Pacific Group, Inc. et al Doc. 670 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION WELLS FARGO CAPITAL FINANCE, INC., fonnerly known as Wells Fargo Foothill, Inc., a California corporation, as Administrative Lender and Agent on behalf of itself, Bank of America, N .A., and The CIT Group/Business Credit, Inc., CV No. 10-cv-00065 KI FINAL JUDGMENT OF DISMISSAL OF CLAIMS OF PLAINTIFF WELLS FARGO CAPITAL FINANCE, INC. [P I d] Plaintiff, v. NORTH PACIFIC GROUP, INC., an Oregon corporation; NOR PAC ENTERPRISES, INC., an Oregon corporation; RTH LUMBER CO., an Oregon corporation; and BURNS HOLDINGS, INC., a dissolved Oregon corporation Defendants. Page 1 - Final Judgment of Dismissal of Claims of Plaintiff Wells Fargo Capital Finance. Inc. [Proposed] PDXDOCS:1935707.3 Dockets.Justia.com This judgment is based on the Stipulation For Judgment of Dismissal of Claims of Plaintiff Wells Fargo Capital Finance, Inc. Pursuant to Fed. R. Civ. P. 54(b), the court expressly determines that there is no just reason for delay and directs that this judgment is a final judgment. The court relies on the facts of this case and the authority of Securities and Exchange Commission v. Capital Consultants LLC, 453 F.3d 1166, 1174-75 (9th Cir. 2006), which shows that in the receivership context entry of a final judgment pursuant to Fed. R. Civ. P. 54(b) provides a party such as the plaintiff with the finality it is entitled to while permitting the receiver to proceed with making distributions pursuant to a distribution plan. NOW, THEREFORE, it is hereby ORDER AND ADJUDGED that all claims of PI aintiff Wells Fargo Capital Finance, Inc., against the defendants are dismissed without prejudice and without costs, disbursements, or attorney fees. DATED /-~- W( 2--;2012. Gim M. King U.S. District Court Judge / Submitted by: Teresa H. Pearson, OSB No. 953750 Bruce A. Rubin, OSB No. 763185 MILLER NASH LLP Attorneys for Plaintiff Page 2 - Final Judgment of Dismissal of Claims of Plaintiff Wells Fargo Capital Finance, Inc. [Proposed] PDXDOCS:1935707.3
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