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

Filing 243

AMENDED JUDGMENT. Greystone CDE shall recover from and is awarded the sum of $1,932,934.87 against Oliphant, jointly and severally with SFP and SFM, and is entitled to post-judgment interest at the maximum statutory rate per annum until the judgment is satisfied. Signed by Judge Maxine M. Chesney on November 6, 2009. (mmclc1, COURT STAFF) (Filed on 11/6/2009)

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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]; the parties' stipulations of June 15 and July 24 31, 2009 (doc. ## 185, 229); this Court's Judgments (doc. ## 190, 228, 232) entered on June 17, 25 July 29, August 4 and October 23, 2009; and this Court's Order on Greystone CDE's "Motion for 26 Attorney's Fees and Costs Pursuant to Stipulation and Judgment" (doc. # 233) that "Greystone 27 CDE . . . is entitled to an award of attorney's fees in the amount of $1,271,160.00 . . . [and] an 28 LAI-3058411v1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) Case No. C 07-05454 MMC [PROPOSED] AMENDED JUDGMENT Judge: Hon. Maxine M. Chesney GREYSTONE SERVICING CORPORATION, INC., et al., Defendants and Counterclaimant. 1 Greystone CDE, LLC's Administrative Mot. for Entry of Proposed Amended Judgment C 07-05454 MMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 award of costs and expenses in the amount of $60,484.04" [Order (doc. # 239) at 5:25-26, 6: 1819.]; and on motion by Greystone CDE, filed October 26, 2009, to which no opposition has been filed, IT IS HEREBY ORDERED AND ADJUDGED THAT: Judgment is entered against Plaintiff/Counterdefendant Theotis F. Oliphant ("Oliphant"), on the one hand, and in favor of Defendant/Counterclaimant Greystone CDE, LLC ("Greystone CDE") and Defendant Greystone Servicing Corporation, Inc. ("Greystone Servicing"), on the other hand, as follows: 1. Plaintiffs in this action shall recover nothing from Defendants Greystone CDE and Greystone Servicing; 2. Oliphant, jointly and severally with Santa Fe Pointe Management, LLC (a/k/a Santa Fe Management, LLC) ("SFM") and Santa Fe Pointe, LP ("SFP"), owes Greystone CDE $601,290.83 in unpaid principal, interest, and loan-related fees relating to a certain bridge loan, $1,271,160.00 in attorney's fees, and $60,484.04 in costs and expenses, for a total judgment of $1,932,934.87, and Judgment is entered in favor of Greystone CDE, and against Oliphant, jointly and severally with SFP and SFM, for this amount; 3. Greystone CDE shall recover from and is awarded the sum of $1,932,934.87 against Oliphant, jointly and severally with SFP and SFM, and is entitled to recover postjudgment interest from Oliphant, SFP, and SFM at the maximum statutory rate, see 28 U.S.C. § 1961, per annum until this Judgment is satisfied. 4. There being no just reason for delay, the foregoing Judgment in favor of Greystone CDE and Greystone Servicing, on the one hand, and against Oliphant, on the other hand, is final. See Fed. R. Civ. P. 54(b). IT IS SO ORDERED AND ADJUDGED. November 6 Dated: _____________, 2009 By:_________________________________ HON. MAXINE M. CHESNEY United States District Judge LAI-3058411v1 -2- Greystone CDE, LLC's Administrative Mot. for Entry of Proposed Amended Judgment C 07-05454 MMC

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