Manny Lawrence Sales Co Inc v. The Alphas Company Inc et al

Filing 38

ORDER FOR ENTRY OF JUDGMENT 37 by Judge Ronald S.W. Lew in favor of Manny Lawrence Sales Co Inc against John S Alphas. SEE DOCUMENT FOR COMPLETE DETAILS. ( MD JS-6. Case Terminated ) (jre)

1 Effie F. Anastassiou, Esq. (SBN 96279)
Stephen J. Beals, Esq. (SBN 226365)
2 ANASTASSIOU& ASSOCIATES
242 Capitol Street
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Post Office Box 2210
4 Salinas, California 93902
Telephone: [phone]
5 Facsimile: [phone]

JS-6

6 Attorneys for Plaintiff
MANNY LAWRENCE SALES CO., INC.
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U. S. DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MANNY LAWRENCE SALES CO., INC., a
11 California corporation

ORDER FOR ENTRY OF JUDGMENT

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CASE NO. 13-02385 RSWL (AGRx)

Plaintiff,
v.

14 THE ALPHAS COMPANY, INC. A
Massachusetts corporation, and JOHN S.
15 ALPHAS aka YANNI ALPHAS, an
individual
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Defendants.
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NOW THEREFORE, in accordance with the Stipulation for Entry of Judgment of the
Plaintiff and Defendant filed concurrently herewith (the “Stipulation”), this Court orders as

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follows:
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IT IS HEREBY ORDERED that this Stipulated Judgment is hereby entered in this Action

23 in favor of Plaintiff and against Defendants, jointly and severally, in the sum of $188,000.00,
24 subject to reduction to the amount of $67,000.00, in the event that the Defendants make all
25 Settlement Payments due on the Settlement Sum on or before the due dates set forth in the
26 Stipulation.
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IT IS FURTHER ORDERED that pursuant to the provisions of 11 USC § 523 (a)(4) this

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Manny Lawrence Sales Co, Inc. v. The Alphas Company, Inc, et al.
Case No. 13-02385 RSWL (AGRx)

Proposed Order re Judgment

1 Stipulated Judgment is non-dischargeable in any future bankruptcy case(s) which may be filed by
2 any of the Defendants.
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IT IS FURTHER ORDERED that each party shall pay their own attorneys’ fees and costs
incurred in connection with this action up to the date of entry of this Stipulated Judgment.

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However, in the event that Plaintiff is required to take any action to enforce the collection of the
amounts due pursuant to this Stipulated Judgment, then Plaintiff shall be entitled to recover all of

8 its costs and reasonable attorneys’ fees incurred in enforcing this Stipulated Judgment and in
9 collecting all of the amounts owed by the Defendants to the Plaintiff.
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IT IS FURTHER ORDERED that after entry by this Court of this Stipulated Judgment it
may be recorded with any and all government authorities as a judgment lien in the event of

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Defendants’ default of their obligations (and failure to cure such default) under this Stipulated
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Judgment. However, Plaintiff will take no actions to record or enforce this Stipulated Judgment

15 unless and until the Defendants default on making any payments due pursuant to the terms of this
16 Stipulated Judgment, and fail to cure their default, as set forth in the Stipulation.
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IT IS FURTHER ORDERED that interest will not accrue on this Stipulated Judgment

18 unless and until there is a default on making any Settlement Payments due pursuant to the terms of
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this Stipulated Judgment, and a failure to cure such default, as set forth in the Stipulation. Upon

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occurrence of any such default, interest will begin accruing on the amount then owed by
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Defendants to Plaintiff pursuant to this Stipulated Judgment, which shall be $188,000.00, less any

23 Settlement Payments previously made by the Defendants to Plaintiff, at the rate of ten percent
24 (10%) per annum from the date of default, until the date that the total remaining amount due
25 pursuant to this Stipulated Judgment has been paid in full.
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IT IS FURTHER ORDERED that upon payment in full hereunder, the Plaintiff shall act
promptly to file a notice of satisfaction of this Stipulated Judgment and/or to release any liens filed

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RESPONSES TO REQUESTS FOR ADMISSION, SET ONE

1 pursuant to this Stipulated Judgment, as necessary.
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IT IS FURTHER ORDERED that the Parties shall comply with all terms and conditions
set forth in their Settlement Agreement as though incorporated herein by reference.
The Clerk shall close this action.

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IT IS SO ORDERED.

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RONALD S.W. LEW
8 Dated:___3/6/2014______________ By:______________________________________
Hon. Ronald S.W. Lew
Senior U.S. District Judge
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RESPONSES TO REQUESTS FOR ADMISSION, SET ONE