Rimon Consultancy and Management Services Ltd v. Sustainable Enviromental Technologies Corporation et al

Filing 59

JUDGMENT by Judge Fernando M. Olguin, in favor of Rimon and against Defendant and Counter-Claimant HJG Holdings Limited, a British Virgin Islands limited liability company f/k/a HJG Holdings, LLC, a California limited liability company f/k/a Susta inable Environmental Technologies Corporation, a California corporation f/k/a/ RG Global Lifestyles, Inc., in the amount of Six-Hundred Eighty-One Thousand, Six Hundred Thirty and 29/100 Dollars ($681,630.29), plus interest pursuant to 28 U.S.C. § 1691 until satisfied. Related to: Stipulation for Judgment 58 (MD JS-6, Case Terminated). (lom)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

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Rimon Consultancy and Management
Services, Ltd., a corporation organized
under the laws of Israel, doing business
as Rimon Ltd.,

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Plaintiff,
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vs.
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Sustainable Environmental
Technologies Corporation, a California )
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corporation f/k/a RG Global Lifestyles, )
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Inc.; RG Global Lifestyles, Inc., a
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California corporation and DOES 1-10, )
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inclusive,
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Defendants.
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AND RELATED COUNTERCLAIM )
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Case No.:
5:13-cv-00900-FMO (DTBx)
-------------------- JUDGMENT
[PROPOSED]

[F.R.C.P. Rule 58]
[L.R. 52-8]
Hon. Fernando M. Olguin
Complaint Filed:
05/16/2013
Discovery Cut-Off: 02/25/2014
Trial Date:
09/02/2014

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[PROPOSED] JUDGMENT—PAGE 1

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WHEREAS, on May 16, 2013, Plaintiff and Counter-Defendant Rimon

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Consultancy and Management Services Ltd., a corporation organized and existing

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under the laws of Israel (“Rimon” or “Plaintiff”) filed its Complaint in this action

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seeking judgment on a Promissory Note in the face amount of $410,500 (“Note”);

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WHEREAS, on August 8, 2013, Rimon filed a First Amended Complaint
(“FAC”);
WHEREAS, on August 26, 2013, Defendant and Counter-Claimant

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Sustainable Environmental Technologies Corporation, a California corporation

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f/k/a/ RG Global Lifestyles, Inc., a California corporation (“SETC”) filed a

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Counterclaim. (See Dkt. No. 17);
WHEREAS, on June 4, 2014, this Court granted the parties’ stipulation for

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substitution of party name, changing the name of the Defendant and Counter-

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Claimant to HJG Holdings, LLC, a California limited liability company f/k/a

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Sustainable Environmental Technologies Corporation, a California corporation

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f/k/a/ RG Global Lifestyles, Inc., a California corporation (“HJG-LLC”). See Dkt.

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No. 34.

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WHEREAS, on July 28, 2014, the Court awarded Rimon’s motion for

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partial summary judgment on the FAC, finding Rimon to be entitled to the sum of

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Six-Hundred Fifty-Seven Thousand, Seven-Hundred Thirty-One and 53/100

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Dollars ($657,731.53), as of February 6, 2014, plus annual interest accruing at the

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rate of 10%, and stated that judgment would be rendered accordingly upon

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resolution of the action. See Dkt. No. 45, p. 10.

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WHEREAS, on August 22, 2014, on the record at the final pretrial

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conference, the parties stipulated to the dismissal of HJG’s Counterclaim with

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prejudice. The Court advanced and vacated the trial date, and ordered the parties

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to file a proposed judgment by August 25, 2014. See Dkt. No. 51.

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[PROPOSED] JUDGMENT—PAGE 2

WHEREAS, after various filings and an August 29, 2014 status conference,

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it has been stipulated and is hereby ordered that HJG-LLC has converted out and

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that its successor-in-interest is Defendant and Counter-Claimant HJG Holdings

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Limited, a British Virgin Islands limited liability company f/k/a HJG Holdings,

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LLC, a California limited liability company f/k/a Sustainable Environmental

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Technologies Corporation, a California corporation f/k/a/ RG Global Lifestyles,

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Inc. (“HJG”);
WHEREAS, interest damages in favor of Rimon from February 7, 2014 to

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September 2, 2014 total the sum of $23,393.76;1
WHEREAS, the parties have stipulated that Rimon is entitled to costs of

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$505.00 for the filing fee ($400) and service fees ($105).
WHEREAS, as of September 2, 2014, pursuant to the judgment in this

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action, HJG owes Rimon the sum of $681,630.29 [$657,731.53 + $23,393.76 +

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$505.00 = $681,630.29].

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Between February 7, 2014 and September 2, 2014, there are 208 days. Interest on
the $410,500 Note accumulated at $112.47 per day. [$410,500 * 0.1/365 =
$112.47]. Daily interest of $112.47 times 208 days equals $23,393.76.

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[PROPOSED] JUDGMENT—PAGE 3

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THEREFORE, the Court awards judgment in favor of Rimon and against

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Defendant and Counter-Claimant HJG Holdings Limited, a British Virgin Islands

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limited liability company f/k/a HJG Holdings, LLC, a California limited liability

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company f/k/a Sustainable Environmental Technologies Corporation, a California

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corporation f/k/a/ RG Global Lifestyles, Inc., in the amount of Six-Hundred

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Eighty-One Thousand, Six Hundred Thirty and 29/100 Dollars ($681,630.29), plus

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interest pursuant to 28 U.S.C. § 1691 until satisfied.

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DATED: September 2 , 2014

/s/

The Hon. Fernando M. Olguin
United States District Court Judge

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Approved as to form:

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/S/
Richard Millar, Esq.
Counsel for Defendant and Counter-Claimant HJG
Approved as to form:

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/S/
Nathan D. Wirtschafter, Esq.
Counsel for Plaintiff and Counter-Defendant Rimon

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[PROPOSED] JUDGMENT—PAGE 4