Rigsby et al v. Intercare Specialty Risk Insurance Services, Inc. , et al.,

Filing 172

ORDER signed by District Judge Morrison C. England, Jr. on 10/11/19 ORDERING that, per 168 Stipulation, the 165 Order Dismissing Case against Defendant Kevin Hamm is SET ASIDE; judgment is ENTERED against Defendant Kevin Hamm and in favor of Plaintiff Karen Rigsby for the sum of $809,772.06, plus $65.51 for each day after 09/27/19, until the date judgment is entered; judgment is ENTERED against Defendant Kevin Hamm and in favor of Plaintiff Donald P. Steinmeyer for the sum of $662,540.76, plus $53.60 for each day after 09/27/19, until the date judgment is entered. (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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KAREN RIGSBY, Trustee of the
MARSH REVOCABLE TRUST OF
2003, et al.,
Plaintiffs,

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vs.
KEVIN HAMM, et al.,
Defendants.
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Case No. 2:17-cv-01347-MCE-EFB
ORDER TO SET ASIDE
DISMISSAL AND FOR ENTRY
OF JUDGMENTS AGAINST
DEFENDANT KEVIN HAMM

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Having reviewed the unopposed Ex Parte Application of Plaintiffs Karen Rigsby,

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Trustee of the Marsh Revocable Trust of 2003, and Donald P. Steinmeyer to Set Aside

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Dismissal and for Entry of Judgments Against Defendant Kevin Hamm (ECF no. 166),

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along with the Memorandum of Points and Authorities and Declaration of Robert R.

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Riggs in support thereof (ECF Nos. 169 and 167, respectively,the Court finds and
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ORDER TO SET ASIDE DISMISSAL AND FOR ENTRY OF JUDGMENTS AGAINST DEFENDANT
KEVIN HAMM

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concludes that:

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1.

An event of default has occurred under the Guaranty, Exhibit A to the

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Stipulation and Order, filed herein on June 4, 2019 as Docket No. 162-1, and that

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Defendant Kevin Hamm has failed to timely cure said default.

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2.

Plaintiffs are entitled to judgment against Defendant Kevin Hamm in the

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total Judgment Sum of $1,470,818.70, plus total prejudgment interest on the Judgment

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Sum of $1,494.12 through September 27, 2019, plus $119.11 per day in additional interest

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for each day after September 27, 2019 until the date judgment is entered.

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3.

Plaintiffs have agreed that any recovery in their favor shall be divided, 55%

for Plaintiff Rigsby and 45% for Plaintiff Steinmeyer.
Accordingly, pursuant to the Stipulation for Entry of Judgment filed herein (ECF
No. 168), IT IS HEREBY ORDERED as follows:
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Having retained jurisdiction to enforce the Guaranty signed by Defendant

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Kevin Hamm, the Court hereby sets aside the dismissal of the action against Defendant

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Kevin Hamm (ECF No. 165).

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2.

Pursuant to Fed. Rule of Civ. Proc. 58(b)(2)(B) and the parties’ Stipulation

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for Entry of Judgment for Money, executed June 4, 2019, the Court Clerk is directed to

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enter judgment against Defendant Kevin Hamm and in favor of Plaintiff Karen Rigsby

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for the sum of $809,772.06, plus $65.51 for each day after September 27, 2019 until the

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date judgment is entered.

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3.

Pursuant to Fed. Rule of Civ. Proc. 58(b)(2)(B) and the parties’ Stipulation

for Entry of Judgment for Money, executed June 4, 2019, the Court Clerk is directed to
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ORDER TO SET ASIDE DISMISSAL AND FOR ENTRY OF JUDGMENTS AGAINST DEFENDANT
KEVIN HAMM

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enter judgment against Defendant Kevin Hamm and in favor of Plaintiff Donald P.

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Steinmeyer for the sum of $662,540.76, plus $53.60 for each day after September 27,

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2019 until the date judgment is entered.

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IT IS SO ORDERED.
Dated: October 11, 2019

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____________________________________________________________________
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ORDER TO SET ASIDE DISMISSAL AND FOR ENTRY OF JUDGMENTS AGAINST DEFENDANT
KEVIN HAMM