Evans v. Hosseinzadeh

Filing 166

AMENDED JUDGMENT AGAINST DEFENDANT NADER BONYADLO by Judge Audrey B. Collins: Plaintiff Robb Evans as Receiver of the assets of James P. Lewis, Jr., individually and doing business as Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, Ltd., shall have judgment against Defendant Nader Bonyadlo in the principal amount of $367,626.00, together with pre-judgment interest on said sum at the federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this la wsuit and through October 29, 2008, in the amount of $45,227.30 for a totaljudgment in the amount of $412,853.30 pursuant to the First, Second and ThirdClaims for Relief asserted in Plaintiffs Complaint, together with an award of postjudgme nt interest accruing from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961; judgment entered against the Defendant herein and any other judgments entered heretofore or hereafter in this action against any o ther defendants are several as to each such defendant unless otherwise expressly stated in the judgment to be joint and several as to the particular defendants; and there is no just reason for delay in entry of this final judgment against Defendant N ader Bonyadlo, and the Court expressly directs that the Clerk of the Court enter this separate judgment against said Defendants pursuant to F.R. Civ. P. 54 notwithstanding whether this action remains pending against other defendants (See document for further details) (ir)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MCKENNA LONG & ALDRIDGE LLP ATTORNEYS AT LAW LOS ANGELES GARY OWEN CARIS (SBN 088918) gcaris@mckennalong.com LESLEY ANNE HAWES (SBN 117101) lhawes@mckennalong.com ANGELA E. FONES (SBN 245204) afones@mckennalong.com McKENNA LONG & ALDRIDGE LLP 444 South Flower Street, 8th Floor Los Angeles, CA 90071-2901 Telephone: (213) 688-1000 Facsimile: (213) 243-6330 Attorneys for Plaintiff ROBB EVANS as Receiver UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION ROBB EVANS, as Receiver over the Assets of James P. Lewis, Jr., individually and doing business as Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, Ltd., Plaintiff, v. AMIR B. HOSSEINZADEH, et al., Defendants. CASE NO. CV06-14 ABC (VBKx) AMENDED JUDGMENT AGAINST DEFENDANT NADER BONYADLO [F.R.C.P. 56] DATE: TIME: PLACE: October 27, 2008 10:00 a.m. Courtroom 680 AMENDED [PROPOSED] JUDGMENT AGAINST DEFENDANT - CASE NO. CV06-14 ABC (VBKx) LA:17332054.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MCKENNA LONG & ALDRIDGE LLP ATTORNEYS AT LAW LOS ANGELES Robb Evans as Receiver of the assets of James P. Lewis, Jr., individually and doing business as Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, Ltd. ("Receiver"), brought his Motion for Summary Judgment against Defendants Nader Bonyadlo, Amir B. Hosseinzadeh, Esfandiar Tony Lotfi, Abdolrahim Moridzadeh, Sima Moridzadeh, Khadijeh Hosseinzadeh, Shayan Hosseinzadeh, Sheiva Hosseinzadeh and Sheila Hosseinzadeh, which was heard on October 27, 2008 at 10:00 a.m. in Courtroom 680 of the above-referenced Court, the Honorable Audrey B. Collins, United States District Judge presiding. Gary Owen Caris of McKenna Long & Aldridge LLP appeared on behalf of the Plaintiff and Brad Mokri appeared on behalf of Defendants Nader Bonyadlo, Amir B. Hosseinzadeh, Esfandiar Tony Lotfi, Abdolrahim Moridzadeh and Sima Moridzadeh. No other appearances were made. The Court having read and considered all papers filed in support of and in opposition to the Motion for Summary Judgment, including all admissible evidence filed in support of and in opposition to the Motion, the Court having heard and considered the arguments and contentions of counsel, no opposition to the Motion having been filed by Khadijeh Hosseinzadeh, Shayan Hosseinzadeh, Sheila Hosseinzadeh and Sheiva Hosseinzadeh, despite due and proper notice of the Motion having been given, the Court determining that no genuine issue as to any material fact exists and that Plaintiff is entitled to a judgment as a matter of law, and the Court finding that good cause exists for entry of a separate judgment under Rule 54 of the Federal Rules of Civil Procedure under the circumstances, IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff Robb Evans as Receiver of the assets of James P. Lewis, Jr., individually and doing business as Financial Advisory Consultants, Income Fund, Ltd. and Growth Fund, Ltd., shall have judgment against Defendant Nader Bonyadlo in the principal amount of $367,626.00, together with pre-judgment interest on said sum at the federal statutory rate under 28 U.S.C. § 1961 in effect on the date of filing this -2AMENDED [PROPOSED] JUDGMENT AGAINST DEFENDANT - CASE NO. CV06-14 ABC (VBKx) LA:17332054.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MCKENNA LONG & ALDRIDGE LLP ATTORNEYS AT LAW LOS ANGELES lawsuit and through October 29, 2008, in the amount of $45,227.30 for a total judgment in the amount of $412,853.30 pursuant to the First, Second and Third Claims for Relief asserted in Plaintiff's Complaint, together with an award of postjudgment interest accruing from and after the date of entry of judgment until paid in full pursuant to 28 U.S.C. § 1961; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the judgment entered against the Defendant herein and any other judgments entered heretofore or hereafter in this action against any other defendants are several as to each such defendant unless otherwise expressly stated in the judgment to be joint and several as to the particular defendants; and IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there is no just reason for delay in entry of this final judgment against Defendant Nader Bonyadlo, and the Court expressly directs that the Clerk of the Court enter this separate judgment against said Defendants pursuant to F.R. Civ. P. 54 notwithstanding whether this action remains pending against other defendants. DATED: November 13, 2008__________________ AUDREY B. COLLINS UNITED STATES DISTRICT COURT JUDGE -3AMENDED [PROPOSED] JUDGMENT AGAINST DEFENDANT - CASE NO. CV06-14 ABC (VBKx) LA:17332054.1

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