Indymac Bank FSB et al v. Aryana/Olive Grove Land Development LLC et al

Filing 127

AMENDED JUDGMENT 126 (Nunc Pro Tunc) by Judge Virginia A. Phillips: IT is ORDERED, ADJUDGED, AND DECREED THAT: With respect to the Third Cause of Action for Breach of Guaranty set forth in Plaintiffs Complaint, the Court hereby awards damages against Arana and Braswell, jointly and severally, and in favor of Plaintiff in the amount of $5,306,702.53. In addition to such sum, Plaintiff is awarded attorneys' fees in the amount of $608,932.10 and costs of $22,295.46 against Arana and Braswell, jointly and severally, for a total judgment of $5,937,930.09, which sum shall accrue post-judgment interest at the legal rate. No part waives any rights of appeal. (ad)

1 ALAN H. MARTIN, CaL. Bar No. 132301
amartin(ásh~prardmullin.com
2 MICHA'EL D. STEWART, CaL. BarNo. 161909
mstewart(ásheppardmullin.com
3 MATTHEW B. HOLBROOK, CaL. Bar No. 280729
mholbrook(ásheppardmullin.com
4 SHEPPARl, MULLIN, RICHTER & HAMPTON LLP

650 Town Center Drive, 4th Floor
5 Costa Mesa, California 92626-1993
Telephone: [phone]

6 Facsimile: 714-513-5130

FEDERAL DEPOSIT
INSURANCE CORPORATION, AS
8 RECEIVER FOR INDYMAC BANK, F .S.B.

7 Attorneys for Plaintiff

9 UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

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12 INDYMAC BANK, F .S.B.,
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14 v.

Plaintiff,

15 ARYANAlOLIVE GROVE LAND
DEVELOPMENT, LLC, a California
16 limited liabilty company; PACIFIC

WEST COAST DEVELOPMENT,
17 LLC, a California limited liability
company; SHAHVAND ARYANA, an
18 individual; JAMES BRASWELL, an
individual; and DOES 1-100, inclusive,
19

Defendants.
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SMRH:411447153.2

Case No. EDCV12-01494 VAP (DTBx)

t.,_

Case No. EDCV12-01494 VAP (DTBx)

A~
fPROI!~Di..DGMENT
Trial Date: October 22,2013

Time: 9:00 a.m.
Ctrm: 2

Judge: Hon. Virginia A. Philips

This action came on for trial at 9 :00 a.m. on October 22, 2013 in

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2 Courtroom 2 of the United States District Court for the Central District of
3 California, Eastern Division, the Honorable Virginia A. Philips, presiding.

plaintiff

4 Michael D. Stewart and Matthew B. Holbrook appeared on behalf of

5 FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR

6 INDYMAC BANK, F.S.B. ("Plaintiff'). Andre Rekte appeared on behalf of
7 defendant SHAHVAND ARYANA ("Aryana"). Keith A. Kelly appeared on behalf
8 of defendant JAMES BRASWELL ("Braswell"). Plaintiff, Arana and Braswell
9 consent to judgment as set forth below.
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IT is ORDERED, ADJUDGED, AND DECREED THAT:

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12

13 With respect to the Third Cause of Action for Breach of Guaranty set
14 forth in Plaintiffs Complaint, the Court hereby awards damages against Arana and
15 Braswell, jointly and severally, and in favor of Plaintiff in the amount of
is awarded attorneys' fees in the

16 $5,306,702.53. In addition to such sum, Plaintiff

17 amount of $ (Dee, Q32. lO and

costs of $ J.¡?. "'s. 'I"

18 against Arana and Braswell, jointly and severally, for a total judgment of

19 $ , which sum shall accrue post-judgment interest at the
20 legal rate. No part waives any rights of appeaL.

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~..~

Dated:5fVÓ1't
ON. VIRGINIA A. PHILLIPS

UNITED STATES DISTRICT JUDGE
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SMRH:411447153.2

Case No. EDCV12-01494 VAP (DTBx)

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