PIC Group Inc. v Buena Vista Biomass Power LLC

Filing 8

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/22/2017 GRANTING Judgment in favor of PIC in the amount of $368,459.47. CASE CLOSED. (Donati, J)

1
2
3
4
5
6
7

ROGERS JOSEPH O’DONNELL
Merri A. Baldwin (State Bar No. 141957)
[e-mail]
Aaron M. Scolari (State Bar No. 237397)
[e-mail]
311 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.956.6457
Attorneys for Plaintiff
PIC GROUP INC.

8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

PIC GROUP INC., a Georgia corporation,
Plaintiff,

13
14
15
16

Case No. 2:16-cv-02547-MCE-GGH
JOINT STIPULATION FOR
JUDGMENT AND ORDER

vs.
BUENA VISTA BIOMASS POWER, LLC,
a California limited liability company,
Defendant.

17
18

It is hereby STIPULATED BY AND BETWEEN Plaintiff PIC Group (“PIC”)

19

and Defendant Buena Vista Biomass Power, LLC (“BVBP”), by and through their respective

20

attorneys of records, that:

21

1. On October 26, 2016, PIC filed its Complaint against BVBP asserting

22

claims for (1) breach of written agreements; (2) breach of the covenant of good faith and fair

23

dealing; (3) open book account; (4) common count: account stated; (5) express contractual

24

indemnity; and (6) equitable indemnity, arising out of services PIC provided to BVBP in

25

connection with a power plant owned and operated by BVBP at 4655 Coal Mine Road, Ione,

26

California 95640 (the “Action”). On January 6, 2017, BVBP answered PIC’s Complaint,

27

denying PIC’s claims and requests for relief.

28

2. After engaging in settlement discussions, PIC and BVBP have agreed to
Page 1
CASE NO: 2:16-cv-02547-MCE-GGH

Joint Stipulation for Judgment and Order
387252.2

1

settle this Action, pursuant to the following terms of this Joint Stipulation for Judgment and

2

Order:
a. Judgment shall be entered for PIC in the amount of $368,459.47

3
4

(“Judgment Amount”).
b. Upon entry of judgment pursuant to this Joint Stipulation for Judgment

5
6

and Order, PIC may record a judgment lien in Amador County on the power plant owned and

7

operated by BVBP located at 4655 Coal Mine Road, Ione, California 95640. Except for

8

recording the judgment lien, PIC agrees to refrain from any further collection efforts on the

9

judgment pursuant to this Joint Stipulation for Judgment and Order until December 31, 2017.
3. In the event that BVBP fails to pay the full Judgment Amount on or

10
11

before December 31, 2017, PIC may commence any actions necessary to collect the

12

Judgment Amount. PIC shall be entitled to an award of the attorney’s fees incurred in its

13

collections efforts, plus post-judgment interest from the date of entry of this Judgment and

14

Order.

15

SO STIPULATED.

16
17

Dated: May ___, 2017

ROGERS JOSEPH O’DONNELL

18
By: ________________________
MERRI A. BALDWIN
AARON M. SCOLARI

19
20

Attorneys for Plaintiff
PIC GROUP INC.

21
22
23

Dated: May ___, 2017

STOEL RIVES LLP

24
By: ________________________
SETH D. HILTON
BRYAN L. HAWKINS

25
26

Attorneys for Defendant
BUENA VISTA BIOMASS POWER, LLC

27
28

Page 2
CASE NO: 2:16-cv-02547-MCE-GGH

Joint Stipulation for Judgment and Order
387252.2

JUDGMENT AND ORDER

1
2

Pursuant to the Parties Joint Stipulation for Judgment and Order IT IS SO ORDERED

3

AND ADJUDGED, and judgment pursuant to the terms of the Joint Stipulation is hereby

4

entered as follows:
1. Judgment is granted in favor of PIC in the amount of $368,459.47 (“Judgment

5
6

Amount”).

7

2. Upon entry of judgment pursuant to this Joint Stipulation for Judgment and

8

Order, PIC may record a judgment lien in Amador County on the power plant owned and

9

operated by BVBP located at 4655 Coal Mine Road, Ione, California 95640. Except for

10

recording the judgment lien, PIC agrees to refrain from any further collection efforts on the

11

judgment pursuant to this Joint Stipulation for Judgment and Order until December 31, 2017.

12

3. In the event that BVBP fails to pay the full Judgment Amount on or before

13

December 31, 2017, PIC may commence any actions necessary to collect the Judgment

14

Amount. PIC shall be entitled to an award of the attorney’s fees incurred in its collections

15

efforts, plus post-judgment interest from the date of entry of this Judgment and Order.

16
17

IT IS SO ORDERED.
Dated: June 22, 2017

18
19
20
21
22
23
24
25
26
27
28
Page 3
CASE NO: 2:16-cv-02547-MCE-GGH

Joint Stipulation for Judgment and Order
387252.2