Santa Fe Pointe, LP et al v. Greystone Servicing Corporation, Inc. et al

Filing 190

JUDGMENT. SFP, Oliphant and Rant owe, jointly and severally, Greystone CDE $601,290.83, plus attorney's fees and costs in an amount to be determined. Signed by Judge Maxine M. Chesney on June 17, 2009. (mmclc1, COURT STAFF) (Filed on 6/17/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 SANTA FE POINTE, LP, et al., 14 Plaintiffs/Counter-defendants, 15 v. 16 17 18 19 Pursuant to this Court's Order on Counterclaimant Greystone CDE, LLC's ("Greystone 20 CDE") "Motion for Summary Judgment" (doc. # 112) that Greystone CDE had established 21 Counter-defendant Theotis Oliphant's ("Oliphant") and Santa Fe Pointe, LP ("SFP") liability on 22 Greystone CDE's counterclaims "in the event SFP has failed to repay the sums it borrowed under 23 the Loan Agreement" [Order (doc # 164) at 14:7-9], and pursuant to the parties' stipulation of 24 June 15, 2009, 25 26 1. 27 on the bridge loan in unpaid principal, interest, and loan-related fees and Judgment is entered in 28
LAI-3028219v1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) Case No. C 07-05454 MMC JUDGMENT Judge: Hon. Maxine M. Chesney

GREYSTONE SERVICING CORPORATION, INC., et al., Defendants and Counterclaimant.

IT IS HEREBY ORDERED AND ADJUDGED THAT: SFP, Oliphant and Rant owe, jointly and severally, Greystone CDE $601,290.83

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Judgment C 07-05454 MMC

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favor of Greystone CDE, and against SFP, Oliphant and Rant, jointly and severally, for this amount; 2. SFP, Oliphant and Rant are required to and shall indemnify, pay, and reimburse

Greystone CDE for attorney's fees and costs incurred by Greystone CDE in connection with this action pursuant to the Bridge Loan Documents (Bridge Promissory Note at 2, Bridge Loan Agreement at § 10.1, Assignment of Purchase Agreement at § 7, Guaranty and Suretyship Agreement at § 3.07, Developer Limited Guaranty Pledge and Security Agreement at § 12) in an amount to be determined by the Court pursuant to a cost/fee application to the Court. Based on that cost/fee application, any opposition thereto by Plaintiffs/Counter-defendants, and any Reply, the Court will amend this Judgment to state the total sum of money recoverable by Greystone CDE against SFP, Oliphant and Rant, jointly and severally. 3. Judgment will not be final until (a) Judgment is entered on Plaintiffs' affirmative

claims in this action against Greystone CDE and Greystone Servicing Corporation, Inc., Fed. R. Civ. P. 54(b), and (b) calculation of the total sum recoverable by Greystone CDE against SFP, Oliphant and Rant as provided in Paragraph 2, above.

17 Dated: June ___, 2009

By:_________________________________ MAXINE M. CHESNEY United States District Judge

LAI-3028219v1

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Judgment C 07-05454 MMC