The Wimbledon Fund, SC CLass TT v. Graybox LLC et al

Filing 439

JUDGMENT by Judge Christina A. Snyder: 1. Plaintiffs Motion for Summary Judgment is GRANTED as set forth in the Courts Civil Minutes [Dkt. No. 426].2. Defendant Kiarash Jams Motion for Summary Judgment is DENIED asset forth in the Courts Civil Minute s [Dkt. No. 426]. 3. Defendant Kiarash Jam is hereby declared jointly and severally liable, pursuant to Tex. Bus. Orgs. Code Ann. § 21.223 (b), for the contractual obligations owed by Swartz IP Services Group Inc., a/k/a Advisory IP Services Inc . (SIP) to Wimbledon, which arose out of the Note Purchase Agreement, entered into by Wimbledon and SIP in November 2011. 4. Judgment is awarded in favor of Plaintiff The Wimbledon Fund, SPC (Class TT) and against Defendant Kiarash Jam in the amounts which aredue and owing, minus amounts received in partial satisfaction, on thejudgment Plaintiff The Wimbledon Fund, SPC (Class TT) obtainedagainst SIP on November 24, 2015 in the Supreme Court of the State ofNew York, County of New York, Index No. 650446/2013 (the SIPJudgment), after Wimbledon sued SIP for breach of contract. Theparties have stipulated that this sum equals $17,666,791.61, dkt. Judgment is awarded in favor of Plaintiff, The Wimbledon Fund, SPC(Class TT) and against Defendant, Integrated Administration for$2,320,000.00, which amount consists of the fraudulent conveyances thatIntegrated Administration received from SIP. (lc)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 WESTERN DIVISION THE WIMBLEDON FUND, SPC (CLASS TT), Plaintiff, 13 14 vs. 15 GRAYBOX LLC; INTEGRATED ADMINISTRATION; EUGENE SCHER, AS TRUSTEE OF BERGSTEIN TRUST; CASCADE TECHNOLOGIES CORP. and THE LAW OFFICES OF HENRY N. JANNOL, 16 17 18 19 20 Defendants. THE WIMBLEDON FUND, SPC (CLASS TT), Plaintiff, 21 22 23 24 vs. DAVID BERGSTEIN, JEROME SWARTZ, AARON GRUNFELD, and KIARASH K. JAM, Defendants. 25 26 27 /// 28 /// 1 C.D. Cal. Consolidated Case No. 2:15-cv-6633-CAS(SSx) JUDGMENT OF PLAINTIFF, THE WIMBLEDON FUND, SPC (CLASS TT) AGAINST DEFENDANTS, KIARASH JAM AND INTEGRATED ADMINISTRATION C/W Case No. 2:16-cv-02287-CAS(SSx) The Court, having considered Plaintiff’s Motion for Summary Judgment and 1 2 supporting exhibits [Dkt. No. 408], the opposition filed by Defendant Kiarash Jam 3 and Integrated Administration [Dkt. No. 415], and Plaintiff’s response [Dkt. No. 417] 4 and the Defendant Kiarash Jam’s Motion for Summary Judgment and supporting 5 exhibits [Dkt. No. 409], the opposition filed by Plaintiff, The Wimbledon Fund [Dkt. 6 No. 413], and Defendant’s response [Dkt. No. 420], oral arguments of the parties at 7 the hearing, and after due consideration, the Court hereby grants judgment in favor of 8 Plaintiff, The Wimbledon Fund, SPC (Class TT) as follows: 9 IT IS HEREBY ORDERED AND DECREED: 1. 10 Plaintiff’s Motion for Summary Judgment is GRANTED as set forth in the Court’s Civil Minutes [Dkt. No. 426]. 11 2. 12 Defendant Kiarash Jam’s Motion for Summary Judgment is DENIED as set forth in the Court’s Civil Minutes [Dkt. No. 426]. 13 3. 14 Defendant Kiarash Jam is hereby declared jointly and severally liable, 15 pursuant to Tex. Bus. Orgs. Code Ann. § 21.223 (b), for the contractual 16 obligations owed by Swartz IP Services Group Inc., a/k/a Advisory IP 17 Services Inc. (“SIP”) to Wimbledon, which arose out of the Note 18 Purchase Agreement, entered into by Wimbledon and SIP in November 19 2011. 4. 20 Judgment is awarded in favor of Plaintiff The Wimbledon Fund, SPC 21 (Class TT) and against Defendant Kiarash Jam in the amounts which are 22 due and owing, minus amounts received in partial satisfaction, on the 23 judgment Plaintiff The Wimbledon Fund, SPC (Class TT) obtained 24 against SIP on November 24, 2015 in the Supreme Court of the State of 25 New York, County of New York, Index No. 650446/2013 (the “SIP 26 Judgment”), after Wimbledon sued SIP for breach of contract. The 27 parties have stipulated that this sum equals $17,666,791.61, dkt. 438. 28 /// 1 5. Judgment is awarded in favor of Plaintiff, The Wimbledon Fund, SPC 2 (Class TT) and against Defendant, Integrated Administration for 3 $2,320,000.00, which amount consists of the fraudulent conveyances that 4 Integrated Administration received from SIP. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 18, 2019 THE HON. CHRISTINA A. SNYDER UNITED STATES DISTRICT COURT

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