Gordon v Vitalis Partners LLC

Filing 65

ORDER signed by Magistrate Judge Kendall J. Newman on 5/7/12 GRANTING 48 Motion to Charge Partner's Interest. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BEN GORDON, G7, INC, and
BG4, INC.,

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Plaintiffs and Creditors,

No. 2:10-mc-00070 WBS KJN

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v.
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VITALIS PARTNERS, LLC; LARRY
HARMON & ASSOCIATES, P.A.;
KCD DEVELOPMENTS, LLC; LARRY
HARMON, and individual, and KENNY
CRUZ, an individual,

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Defendants.
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ORDER
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Presently before the court1 is plaintiffs and judgment creditors’ (“plaintiffs”)

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Motion to Charge Partner’s Interest (“Motion”) against the interest of defendant and debtor Larry

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Harmon & Associates, P.A. in the partnership known as Harmon-Castillo, LLP. (Dkt. No. 48.)

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The Motion is unopposed. The court having considered the pleadings filed in connection with

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the Motion, and pursuant to California Code of Civil Procedure §§ 708.310-708.320 and

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California Corporations Code § 16504, grants the Motion. (Dkt. No. 48.)

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This matter proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(11) and 28 U.S.C. § 636(b)(1).
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Accordingly, IT IS HEREBY ORDERED:2

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1. That the interest of Larry Harmon & Associates, P.A., in the partnership

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known as Harmon-Castillo, LLP, purported to be a California Limited Liability Partnership

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whose address is 2250 Douglas Boulevard, Suite 160, Roseville, California 95661-4207, is

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hereby charged with the unpaid balance of the judgment entered in favor of plaintiffs and against

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Larry Harmon & Associates, P.A., on January 27, 2010 in the United States District Court,

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Northern District of Illinois, and registered in this District on June 25, 2010, in the principal sum

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of $1,386,666.67 plus interest thereon at the legal rate of 0.31% per annum from January 27,

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2010.

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2. That Harmon-Castillo, LLP and its general partners Larry Harmon &

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Associates, P.A., and Castillo Ventures, Inc., shall pay any money or property due or to become

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due to Larry Harmon & Associates, P.A., directly to plaintiffs until the amount remaining due on

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the judgment, plus all accrued interest thereon is paid in full.

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IT IS SO ORDERED.
DATED: May 7, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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The undersigned adopts the language from the proposed order submitted by plaintiffs.
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