Shepherd et al v. S3 Partners, LLC et al

Filing 129

DEFAULT JUDGMENT in favor of Delia Shepherd, Mark Shepherd against Northwest Consulting Group, LLC, S3 Partners, LLC, Sonterra Retail Center, LLC, Stagecoach Retail, LLC, Melvin Russell Shields. Signed by Judge Ronald M. Whyte on 7/2/2012. (rmwlc1, COURT STAFF) (Filed on 7/2/2012)

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E-FILED on

7/2/2012

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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MARK SHEPHERD and DELIA SHEPHERD,

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No. C-09-01405 RMW

Plaintiffs,
v.
S3 PARTNERS, LLC; ALARIS
DEVELOPMENT; THE SHIELDS
FOUNDATION; NORTHWEST
CONSULTING GROUP, LLC; CORINTHIAN
WEALTH MANAGEMENT; GOLDEN
CREST WEALTH MANAGEMENT; PIERCE
ARROW INVESTORS, LLC; LIVINGSTONE
CAPITAL; STAGECOACH RETAIL, LLC;
SONTERRA RETAIL CENTER, LLC;
MICHAEL SIMS; SAM STAFFORD;
MELVIN RUSSELL SHIELDS; DAVID
VAUGHN; DAVID SAMUELS; CHASTAN
SHIELDS; DOUG BURKE,

JUDGMENT BY DEFAULT

Defendants.

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On February 2, 2012, the court struck the answers of defendants S3 Partners, LLC;

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Northwest Consulting Group, LLC; Stagecoach Retail, LLC; Sonterra Retail Center, LLC; and

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Melvin Russell Shields and entered defaults against said defendants. (Dkt. No. 123.) Now, the

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court having considered the declarations in support of plaintiffs' application for default judgment, the

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well-pleaded allegations deemed admitted upon default, and other portions of the file in this matter,
JUDGMENT BY DEFAULT—No. C-09-01405 RMW
LJP

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including its Order Granting in Part and Denying in Part Motion for Summary Judgment filed on

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October 12, 2011, and having concluded that defendants and each of them, directly or indirectly,

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obtained the monies invested by plaintiffs by fraud by, inter alia, having made (1) false

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representations of material facts to plaintiffs (2) knowing that said statements were false and making

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said statements with the intent to deceive where (3) plaintiffs justifiably and reasonably relied upon

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the misrepresentations referenced above and (4) plaintiffs were injured in that they were not repaid

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the amounts invested by them,

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IT IS HEREBY ORDERED that:

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Judgment be entered in favor of Plaintiffs Mark Shepherd and Delia Shepherd against

United States District Court
For the Northern District of California

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Defendants S3 Partners, LLC; Northwest Consulting Group, LLC; Stagecoach Retail,

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LLC; Sonterra Retail Center, LLC; and Melvin Russell Shields, jointly and severally

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in the following amounts:

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Compensatory Damages:

$602,249.02

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Prejudgment Interest:

$34,004.741

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Punitive Damages:

$100,000.00

Total Judgment

$736,253.76

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2.

Post-judgment interest on the judgment is awarded at the rate of 0.21% per annum.

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DATED:

July 2, 2012
RONALD M. WHYTE
United States District Judge

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Counsel did not provide any computation of prejudgment interest. The court in its discretion has
used the average 1-year constant maturity Treasury yield for each year, commencing July 6, 2007
for the amount of $469,679.02 and September 25, 2007 for the amount of $132,570.
JUDGMENT BY DEFAULT—No. C-09-01405 RMW
LJP

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