LUX EAP, LLC v. Kathleen A. Bruner et al
Filing
154
FINAL JUDGMENT by Judge Dolly M. Gee: Upon Joint Motion for Rule 54 Judgment 153 , WHEREAS pursuant to the Partial Settlement and the Stipulation, Plaintiff/Counterdefendant Lux EAP, LLC ("Lux"), while reserving its right to appeal the Par tial Summary Judgment Order upon the issuance of a final judgment, has agreed that the Defendants/Counterclaimants Kathleen A. and Robert Bruner's (the "Bruners") contract damages consist of $2,843,799, and prejudgment interest of $289,833.76, which brings the total amount of a judgment on the Bruners' contract counterclaim to $3,133,632.76; and WHEREAS the Bruners' remaining counterclaims are hereby stayed pending the outcome of that appeal, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judgment is hereby entered in favor of the Bruners and against Lux on the Bruners' breach of contract counterclaim in the amount of $3,133,632.76. (gk)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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LUX EAP, LLC, a Wyoming Limited
Liability Company,
Plaintiff,
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FINAL JUDGMENT [153]
vs.
KATHLEEN A. BRUNER, ROBERT
BRUNER, ROBERT BURKE,
COMMUNITY ACTION
EMPLOYEE ASSISTANCE
PROGRAM, INC., a Non-Profit
California corporation, and
JOHN/JANE DOES 1-10,
Defendants.
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Case No.: ED CV 17-1359-DMG (SPx)
KATHLEEN A. BRUNER,
ROBERT BRUNER,
Counterclaimants,
vs.
LUX EAP, LLC, a Wyoming Limited
Liability Company, PHIL NEUMAN,
COLIN C. CONNER II, JOHN
GORZYNSKI, and JOHN/JANE
DOES 1-10 inclusive,
Counterdefendants.
_______________________________
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WHEREAS, the Court’s Order Re Defendants and Counterclaimants Kathleen
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A. and Robert Bruner’s Motion for Partial Summary Judgment [ECF 106] (the
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“Partial Summary Judgment Order”) dismissed the claims asserted by
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Plaintiff/Counterdefendant Lux EAP, LLC (“Lux”) against Defendants/
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Counterclaimants Kathleen A. and Robert Bruner (the “Bruners”); and
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WHEREAS the Partial Summary Judgment Order also entitles the Bruners to a
judgment on liability on their breach of contract counterclaim against Lux; and
WHEREAS, the Bruners, on one hand, and Lux and Counterdefendants Phil
Neuman, and Colin Conner (collectively with Lux, the “Lux Parties”), on the other
hand, entered into (i) a partial settlement agreement (the “Partial Settlement”) at a
settlement conference conducted on January 25, 2019 before Magistrate Judge Pym,
the terms of which are set forth in the transcript of the January 25, 2019 court record
[ECF 146]; and (ii) a Stipulation Implementing Partial Settlement [ECF 149] (the
“Stipulation”); and
WHEREAS pursuant to the Partial Settlement and the Stipulation, Lux, while
reserving its right to appeal the Partial Summary Judgment Order upon the issuance
of a final judgment, has agreed that the Bruners’ contract damages consist of two
million eight hundred forty-three thousand seven hundred ninety-nine dollars
($2,843,799); and
WHEREAS pursuant to the Partial Settlement and the Stipulation, Lux has also
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agreed that prejudgment interest on the Bruners’ contract damages amounts to two
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hundred eighty-nine thousand eight hundred thirty-three dollars and seventy-six cents
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($289,833.76), which brings the total amount of a judgment on the Bruners’ contract
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counterclaim to three million one hundred thirty-three thousand six hundred thirty-
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two dollars and seventy-six cents ($3,133,632.76); and
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WHEREAS the Court, having reviewed the parties’ Joint Motion for Rule 54
Judgment [ECF 153], which seeks (i) certification that the Partial Summary Judgment
Order and a judgment on the Bruners’ breach of contract claim are final under Rule
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54(b) of the Federal Rules of Civil Procedure; (ii) a determination that there is no just
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reason for delay of the Lux Parties’ appeal of that final judgment; and (iii) a stay of
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the Bruners’ remaining counterclaims pending the Lux Parties’ appeal, hereby
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certifies this Judgment as final under Rule 54(b) of the Rules of Civil Procedure
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based on the determination that there is no just reason for delay of an appeal of this
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Judgment;
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WHEREAS the Bruners’ remaining counterclaims are hereby stayed pending
the outcome of that appeal, and for good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Judgment is
hereby entered in favor of the Bruners and against Lux on the Bruners’ breach of
contract counterclaim in the amount of three million one hundred thirty-three
thousand six hundred thirty-two dollars and seventy-six cents ($3,133,632.76).
DATED: April 8, 2019
_______________________________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE
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