In Re: IVDS Interactive, et al v. NULL, et al

Filing 287

RENEWAL OF JUDGMENT AGAINST: (1) DIGITAL INTERACTIVE ASSOCIATES, INC.;(2) MARKET DYNAMICS GROUP, INC.; (3) MARKET LOGISTICS GROUP, INC., (4)TERRY K. VICKERY; (5) DAVID J. DAMBRO; AND (6) MICHAEL DAMBRO 285 by Judge Consuelo B. Marshall. See document for specifics monetary amounts. (shb)

1 HOWARD KOLLITZ (State Bar No. 059611)
[e-mail]
2 UZZI O. RAANAN (State Bar No. 162747)
[e-mail]
3 DANNING, GILL, DIAMOND & KOLLITZ, LLP
1900 Avenue of the Stars, 11th Floor
4 Los Angeles, California 90067-4402
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff, Richard K. Diamond,
Chapter 7 Trustee
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

WESTERN DIVISION

11 In re

Case No. 2:00-cv-09980-CBM

12 IVDS Interactive Acquisitions Partners,
Bankr. Case No. 1:95-bk-19539-GM
13 [Fed. I.D. No. 59-32342115],
Adv. No. 1:97-ap-02050-GM
14

Debtor.
RENEWAL OF JUDGMENT AGAINST:
(1) DIGITAL INTERACTIVE
ASSOCIATES, INC.;
(2) MARKET DYNAMICS GROUP, INC.;
(3) MARKET LOGISTICS GROUP, INC.,
(4)TERRY K. VICKERY;
(5) DAVID J. DAMBRO; AND
(6) MICHAEL DAMBRO [285]

15
RICHARD K. DIAMOND, as Chapter 7
16 Trustee,
17
18

Plaintiff,
vs.

19 DIGITAL INTERACTIVE ASSOCIATES,
INC.; MARKET DYNAMICS GROUP, INC.;
20 MARKET LOGISTICS GROUP, INC.,
TERRY K. VICKERY; DAVID J. DAMBRO;
21 MICHAEL DAMBRO,
22

Defendants.

23
24

[No hearing required]

NOTE: CHANGES MADE BY THE COURT
Judgment having been entered on May 10, 2007 (docket no. 249) in favor of the

25 Plaintiff/Judgment Creditor, RICHARD K. DIAMOND, as Chapter 7 Trustee (hereinafter the
26 “Trustee”), and against Defendants DIGITAL INTERACTIVE ASSOCIATES, INC.;
27 MARKET DYNAMICS GROUP, INC.; MARKET LOGISTICS GROUP, INC., TERRY K.
28 VICKERY; DAVID J. DAMBRO; and MICHAEL DAMBRO (hereinafter collectively the
1400819.1 9519539SVA

1

1 “Judgment Debtors”), as follows:
2

1.

DIGITAL INTERACTIVE ASSOCIATES, INC., pursuant to the

3 applicable legal principles of joint and several liability, the sum of $3,600,000, as actual damages;
4

2.

MARKET DYNAMICS GROUP, INC., pursuant to the applicable legal

5 principles of joint and several liability, the sum of $3,600,000, as actual damages;
6

3.

MARKET LOGISTICS GROUP, INC., pursuant to the applicable legal

7 principles of joint and several liability, the sum of $3,600,000, as actual damages;
8

4.

DAVID J. DAMBRO, the sum of $3,600,000, pursuant to the applicable

9 legal principles of joint and several liability, as actual damages, plus the additional sum of
10 $2,000,000 as punitive damages from the Defendant DAVID J. DAMBRO, individually;
11

5.

TERRY K. VICKERY, the sum of $3,600,000, pursuant to the applicable

12 legal principles of joint and several liability, as actual damages, plus the additional sum of
13 $1,000,000 as punitive damages from the Defendant TERRY K. VICKERY, individually; and
14

6.

MICHAEL DAMBRO, the sum of $3,600,000, pursuant to the applicable

15 legal principles of joint and several liability, as actual damages, plus the additional sum of
16 $500,000, as punitive damages from Defendant MICHAEL DAMBRO, individually.
17

The Judgment having also provided for costs of suit from the Judgment Debtors and an

18 order having been entered on May 31, 2007, awarding the Trustee’s Costs in the amount of
19 $14,179.22 (docket no. 250).
20

NOW, upon Application for and Renewal of Judgment by the Trustee against the Judgment

21 Debtors and upon declaration showing that the Judgment Debtors have failed to satisfy the total
22 amount of said Judgment and are indebted to the Trustee.
23

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT the money

24 Judgment against the Judgment Debtors is renewed as follows:
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(1) Digital Interactive Associates, Inc.
Date of Judgment
No. of Days after Judgment computed to
3/10/2017
Principal Amount of Judgment
Costs Awarded
Total Amount of Judgment
1400819.1 9519539SVA

5/10/2007
3592
$3,600,000.00
$14,179.22
$3,614,179.22
2

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Credits After Judgment
Costs after Judgment
Accumulated Post Judgment Interest (5/10/20073/10/2017 at 4.9% accruing $485.19 per day)
Total Renewed Judgment against Digital
Interactive Associates, Inc
(2) Market Dynamics Group, Inc.
Date of Judgment
No. of Days after Judgment computed through
3/10/2017
Principal Amount of Judgment
Costs Awarded
Total Amount of Judgment
Credits After Judgment
Costs after Judgment
Accumulated Post Judgment Interest (5/10/20073/10/2017 at 4.9% accruing $485.19 per day)
Total Renewed Judgment against Market
Dynamics Group, Inc.
(3) Market Logistics Group, Inc.
Date of Judgment
No. of Days after Judgment computed through
3/10/2017
Principal Amount of Judgment
Costs Awarded
Total Amount of Judgment
Credits After Judgment
Costs after Judgment
Accumulated Post Judgment Interest (5/10/20073/10/2017 at 4.9% accruing $485.19 per day)
Total Renewed Judgment Against Market
Logistics Group, Inc.
(4) David J. Dambro
Date of Judgment
No. of Days after Judgment computed through
3/10/2017
Principal Amount of Judgment
Punitive Damages
Costs Awarded
Total Amount of Judgment
Credits After Judgment
Costs after Judgment
Accumulated Post Judgment Interest (5/10/20073/10/2017 at 4.9% accruing $753.68 per day)
Total Renewed Judgment against David J.
Dambro

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28
1400819.1 9519539SVA

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$0.00
$0.00
$1,742,802.48
$5,356,981.70

5/10/2007
3592
$3,600,000.00
$14,179.22
$3,614,179.22
$0.00
$0.00
$1,742,802.48
$5,356,981.70

5/10/2007
3592
$3,600,000.00
$14,179.22
$3,614,179.22
$0.00
$0.00
$1,742,802.48
$5,356,981.70

5/10/2007
3592
$3,600,000.00
$2,000,000.00
$14,179.22
$5,614,179.22
$0.00
$0.00
$2,707,218.56
$8,321,397.78

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2
3
4
5
6
7
8
9
10
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(5) Terry K. Vickery
Date of Judgment
No. of Days after Judgment computed through
3/10/2017
Principal Amount of Judgment
Punitive Damages
Costs Awarded
Total Amount of Judgment
Accumulated Post Judgment Interest (5/10/20073/10/2017 at 4.9% accruing $619.44 per day)
Total Amount + Accumulated Interest
Credit After Judgment (4/19/11) - applied to
accumulated interest of $891,990.37
Credit After Judgment (10/10/11) - applied to
accumulated interest subtotal of $919,772.54
Credit After Judgment (12/1/11) - applied to
accumulated interest subtotal of $931,983.31
Credit After Judgment (6/22/13) - applied to
accumulated interest subtotal of $1,023,659.39
Accumulated Post Judgment Interest, less credits
Costs after Judgment
Total Renewed Judgment against Terry K.
Vickery

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1400819.1 9519539SVA

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5/10/2007
3592
$3,600,000.00
$1,000,000.00
$14,179.22
$4,614,179.22
$2,225,028.48
$6,839,207.70
$80,000.00
$20,000.00
$260,784.00
$265,000.00
$1,599,244.48
$0.00
$6,213,423.70

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(6) Michael Dambro
Date of Judgment
No. of Days after Judgment computed through
3/10/2017
Principal Amount of Judgment
Punitive Damages
Costs Awarded
Total Amount of Judgment
Credit After Judgment
Costs after Judgment
Accumulated Post Judgment Interest (5/10/20073/10/2017 at 4.9% accruing $552.31 per day)
Total Renewed Judgment against Michael
Dambro

5/10/2007
3592
$3,600,000.00
$500,000.00
$14,179.22
$4,114,179.22
$0.00
$0.00
$1,983,897.52
$6,098,076.74

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10 DATED: April 5, 2017
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12

Honorable Consuelo B. Marshall
UNITED STATES DISTRICT JUDGE

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CC:FISCAL

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1400819.1 9519539SVA

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