Liberty Mutual Insurance Company v. UPA California et al

Filing 94

JUDGMENT. Signed by Magistrate Judge Bernard Zimmerman on 8/5/2009. (bzsec, COURT STAFF) (Filed on 8/5/2009)

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[PROPOSED] JUDGMENT CASE NO. CV 08-0611 BZ

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation, Plaintiff, v. UPA CALIFORNIA, a California general partnership, UPA GROUP, INC., a California corporation, UPCAL CONSTRUCTION, INC., a Utah corporation, UPA RESORT CONSTRUCTION L.C., a limited liability company, PRINCIPAL PARTNERS, L.C., a limited liability company, AMAKO (U.S.), INC., a corporation, AMAKO RESORT CONSTRUCTION (U.S.), INC., a Washington corporation, AMAKO RESORT CONSTRUCTION (CALIFORNIA), INC., a California corporation, AMAKO RESORT CONSTRUCTION, INC., a corporation, and AMIR ETEMADI, an individual, Defendants.

Case No. CV 08-0611 BZ

[PROPOSED] JUDGMENT

Judge: Dept.:

Hon. Bernard Zimmerman G

Trial Date: November 16, 2009

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UPA GROUP, L.C., a Utah limited company, AMAKO RESORT CONSTRUCTION (U.S.), INC., a Washington corporation and AMIR ETEMADI, an individual, Counter-Claimants, v. LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation, Counter-Defendant.

JUDGMENT Based on the facts and documents stipulated between Plaintiff and CounterDefendant LIBERTY MUTUAL INSURANCE COMPANY ("Liberty") on the one hand, and Defendants and Counter-Claimants UPA GROUP, L.C. ("UPA Group"); AMAKO RESORT CONSTRUCTION (U.S.), INC. ("Amako"); and AMIR ETEMADI ("Etemadi") (collectively, "Defendants") on the other hand, as set forth in the Stipulation for Judgment, executed by each of the parties and filed on August 4, 2009 (Document 93), the Court determines that there is no just reason for delay of entry of final judgment, and good cause appearing therefore, the Court enters judgment as follows: 1. Judgment in the amount of Eight Million Seventy Eight Thousand Seven

Hundred Sixty Eight Dollars and Sixty Seven Cents ($8,078,768.67) (which amount is inclusive of any and all costs and attorney's fees) in favor of Liberty and against Etemadi on Liberty's First Cause of Action (Breach of Contract) and Sixth Cause of Action (Breach of Capital Retention Agreement) asserted in Liberty's First Amended Complaint (Document 19). 2. UPA Group and Amako on the one hand, are not joint and severally liable

with Etemadi on the other hand, for that portion of the Judgment in the amount of $8,078,768.67 (which amount is inclusive of any and all costs and attorney's fees) in favor of Liberty and against Etemadi on Liberty's First Cause of Action (Breach of Contract) and 2.
[PROPOSED] JUDGMENT CASE NO. CV 08-0611 BZ

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Sixth Cause of Action (Breach of Capital Retention Agreement) asserted in Liberty's First Amended Complaint (Document 19). 3. Judgment in the amount of Thirty Million Dollars ($30,000,000) (which

amount is inclusive of any and all costs and attorney's fees) in favor of Liberty and against UPA Group and Amako, jointly and severally, on Liberty's First Cause of Action (Breach of Contract) and Sixth Cause of Action (Breach of Capital Retention Agreement) asserted in Liberty's First Amended Complaint (Document 19). 4. Etemadi on the one hand, is not joint and severally liable with UPA Group

and Amako on the other hand, for that portion of the Judgment in the amount of $30,000,000 (which amount is inclusive of any and all costs and attorney's fees) in favor of Liberty and against UPA Group and Amako on Liberty's First Cause of Action (Breach of Contract) and Sixth Cause of Action (Breach of Capital Retention Agreement) asserted in Liberty's First Amended Complaint (Document 19). 5. Judgment in favor of Liberty and against each of Defendants on all counter-

claims asserted in Defendants' First Amended Counter-Claim (Document 49). 6. This Judgment disposes of all claims in Liberty's First Amended Complaint

(Document 19) and Defendants' First Amended Counter-Claim (Document 49). Accordingly, other than the First Cause of Action (Breach of Contract) and Sixth Cause of Action (Breach of Capital Retention Agreement), all other causes of action asserted in Liberty's First Amended Complaint (Document 19) are dismissed. 7. There shall be no claims or motions for attorney's fees or costs related to

Liberty's First Amended Complaint (Document 19) or Defendants' First Amended CounterClaim (Document 49). JUDGMENT IS SO ENTERED. All pending dates are VACATED.

August 5, 2009 Dated: ___________________

________________________________ The Hon. Bernard Zimmerman United States Magistrate Judge

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[PROPOSED] JUDGMENT CASE NO. CV 08-0611 BZ

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APPROVED AS TO FORM AND CONTENT Dated: August 4, 2009 Wolkin Curran, LLP ______________________________ James D. Curran Attorneys for Plaintiff and Counter-Defendant Liberty Mutual Insurance Company Dated: August 4, 2009 Wilson & Quint, LLP ______________________________ Gregory F. Wilson Attorneys for Defendants and Counter-Claimants Amir Etemadi UPA Group, L.C. Amako Resort Construction (U.S.), Inc.

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[PROPOSED] JUDGMENT CASE NO. CV 08-0611 BZ