Mark G. Degiacomo v. Aimee Montoya

Filing 58

STIPULATED JUDGMENT by Judge Manuel L. Real: Upon Stipulation 53 , IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment is entered in favor of Plaintiff and against Defendant in the amount of $225,000. Interest shall not accrue on the Judgment Award. Each party shall be responsible for the payment of its own costs, attorneys' fees, and all other expenses in connection with the Action. See document for further details. (gk)

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1 2 3 4 5 6 7 Howard J. Weg (State Bar No. 91057) HWeg@RobinsKaplan.com James P. Menton, Jr. (State Bar No. 159032) JMenton@RobinsKaplan.com ROBINS KAPLAN LLP 2049 Century Park East, Suite 3400 Los Angeles, CA 90067-3208 Telephone: (310) 552-0130 Facsimile: (310) 229-5800 Attorneys for Plaintiff Mark G. DeGiacomo, Chapter 7 Trustee for the Estate of RMA Strategic Opportunity Fund, LLC 8 9 UNITED STATES DISTRICT COURT L OS A NGELES A TTORNEYS A T L AW R OBINS K APLAN LLP 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 MARK G. DEGIACOMO, CHAPTER 7 TRUSTEE FOR THE ESTATE OF RMA STRATEGIC OPPORTUNITY FUND, LLC, Plaintiff, 15 16 v. 17 AIMEE MONTOYA AKA AIMEE MONTOYA-JACKSON AKA AMY JACKSON AKA AMY MONTOYAJACKSON, an individual, 18 19 20 Defendant. 21 22 23 24 25 26 27 28 61495836.4 Case No. 2:18-cv-00650-R-KS STIPULATED JUDGMENT Plaintiff Mark G. DeGiacomo, in his capacity as Chapter 7 Trustee 1 2 (“Plaintiff”) for the estate of RMA Strategic Opportunity Fund, LLC, having filed 3 his Complaint for: (i) fraudulent transfer—constructive fraud (11 U.S.C. §§ 548, 4 550, 551); (ii) fraudulent transfer—actual fraud (11 U.S.C. §§ 548, 550, 551); (iii) 5 fraudulent transfer—constructive fraud (11 U.S.C. §§ 544(b), 550, 551); (iv) 6 fraudulent transfer—actual fraud (11 U.S.C. §§ 544(b), 550, 551); and (v) unjust 7 enrichment (the “Complaint”), against Defendant Aimee Montoya aka Aimee 8 Montoya-Jackson aka Amy Jackson aka Amy Montoya-Jackson (“Defendant,” and 9 together with Plaintiff, the “Parties”), and the Parties having agreed to the entry of L OS A NGELES A TTORNEYS A T L AW R OBINS K APLAN LLP 10 this Stipulated Judgment in the Parties’ Stipulation For Entry of Judgment filed 11 March 1, 2019 (Dkt. No. 53), IT IS HEREBY ORDERED, ADJUDGED, AND 12 DECREED that: 1. 13 Judgment is entered in favor of Plaintiff and against Defendant in the 14 amount of Two Hundred Twenty Five Thousand Dollars ($225,000) (“Judgment 15 Award”). Interest shall not accrue on the Judgment Award. 2. 16 The Judgment Award shall be deemed satisfied in the event that 17 Defendant fully and timely pays Plaintiff the Settlement Amount, as defined in the 18 Settlement Agreement between the Parties dated January 11, 2019. 3. 19 This Court shall retain jurisdiction over all matters arising from or 20 related to the implementation, interpretation and/or enforcement of this Stipulated 21 Judgment. 4. 22 23 The Parties represent and warrant that each Party has full authority to enter into this Stipulated Judgment. 5. 24 Plaintiff is a Party to this Stipulated Judgment solely in his official 25 capacity as chapter 7 trustee of the Debtor’s Estate and not in his personal capacity. 26 /// 27 /// 28 /// 61495836.4 -2- 1 2 3 6. Each party shall be responsible for the payment of its own costs, attorneys’ fees, and all other expenses in connection with the Action. IT IS SO ORDERED AND ADJUDGED: 4 5 Dated: March 13, 2019 6 7 __________________________________ HON. MANUEL L. REAL 8 9 L OS A NGELES A TTORNEYS A T L AW R OBINS K APLAN LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61495836.4 -3-

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