Lexington Insurance Company v. Scott Homes Multifamily Incorporated et al

Filing 486

JUDGMENT is entered in favor of Defendants/Counterclaimants Silverbell 290 L.P. ("Silverbell") and Scott Homes Multifamily, Inc. ("Scott Homes") and orders that Silverbell shall recover from Plaintiff/Counterdefendant Lexington In surance Company ("Lexington") in the amount of $3,410,000.01 dollars. The amount of this judgment shall be subject to prejudgment interest at the rate of 10% per annum, beginning on March 5, 2013. The amount of this judgment shall be subject to post-judgment interest at the rate of 0.23% per annum. Signed by Senior Judge James A Teilborg on 10/30/15. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Lexington Insurance Company,
Plaintiff/
Counterdefendant,

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No. CV-12-02119-PHX-JAT
JUDGMENT

v.
Scott Homes Multifamily Incorporated, et
al.,

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Defendants/
Counterclaimants.

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IT IS ORDERED AND ADJUDGED AS FOLLOWS:

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This matter was tried and the jury rendered a verdict. (Doc. 463). At the time of

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trial, Counts II, III, IV, V, VI, VII, VIII, IX, X, and XI of the Complaint (Doc. 1)

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remained. (Doc. 323 at 49). At the time of trial, Count I of the Counterclaim (Doc. 10) as

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to coverage remained. (Doc. 323 at 50). All other Counts contained in the Complaint and

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Counterclaim were dismissed prior to trial. (Doc. 323 at 49–50, Doc. 405 at 2).

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Based on the jury’s verdict, the Court enters the following judgment on all

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remaining

Counts

in

the

Complaint

and

Counterclaim

in

favor

of

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Defendants/Counterclaimants Silverbell 290 L.P. (“Silverbell”) and Scott Homes

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Multifamily, Inc. (“Scott Homes”) and orders that Silverbell shall recover from

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Plaintiff/Counterdefendant Lexington Insurance Company (“Lexington”) in the amount

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of $3,410,000.01 dollars. The amount of this judgment shall be subject to prejudgment

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interest at the rate of 10% per annum, beginning on March 5, 2013, calculated on the

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daily average of the remaining principal balance after deducting each offset on the date of

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payment, compounded annually until the date of this judgment. The amount of this

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judgment shall be subject to post-judgment interest at the rate of 0.23% per annum.

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Dated this 30th day of October, 2015.

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