LaRiviere, Grubman & Payne, LLP v. Phillips et al

Filing 492

ORDER. ORDERS that Plaintiff/Counterclaim Defendant LaRiviere, Grubman & Payne,LLPs Motion for Entry of Judgment on Defendant Edward H. Phillips Confession of Judgment 490 is GRANTED. The Clerk of Court shall ENTER JUDGMENT in favor of Plaintiff La Riviere, Grubman & Payne LLP against Defendant Edward H. Phillips on Plaintiffs claims for legal fees and costs in the amount of $1,072,227.00, pursuant to the terms of the Confession of Judgment 489 . ORDERED that the Joint Motion For Dismiss al Of Counterclaims And Certain Claims With Prejudice 491 is GRANTED. ORDERED that each party shall pay his or its own costs and fees incurred in this Civil Action. ORDERED that this Civil Action shall remain open only in order to resolve the distr ibution of the funds held in the Registry of the Court for this Civil Action in accordance with the Confession of Judgment filed on May 18, 2011. After the distribution of funds has been completed, this case shall be terminated as all claims have been resolved by Chief Judge Wiley Y. Daniel on 05/20/11.(jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 07-cv-01723-WYD-CBS
LARIVIERE, GRUBMAN & PAYNE, LLP, a California limited liability partnership,
Plaintiff,
v.
EDWARD H. PHILLIPS, an individual;
Defendant.
and
EDWARD H. PHILLIPS,
Counterclaimant
v.
LARIVIERE, GRUBMAN & PAYNE, LLP, a California limited liability partnership,
Counterclaim Defendant.

ORDER

THIS MATTER comes before the Court on Plaintiff/Counterclaim Defendant
LaRiviere, Grubman & Payne, LLP’s Motion for Entry of Judgment on Defendant
Edward H. Phillips’ Confession of Judgment and the Joint Motion For Dismissal Of
Counterclaims And Certain Claims With Prejudice filed by Plaintiff / Counterclaim
Defendant LaRiviere, Grubman & Payne, LLP, and by Defendant / Counterclaimant
Edward H. Phillips. The Court, having reviewed the motions and being otherwise
advised in the premises,

ORDERS that Plaintiff/Counterclaim Defendant LaRiviere, Grubman & Payne,
LLP’s Motion for Entry of Judgment on Defendant Edward H. Phillips’ Confession of
Judgment filed May 19, 2011 (ECF No. 490) is GRANTED. In accordance therewith,
the Clerk of Court shall ENTER JUDGMENT in favor of Plaintiff LaRiviere, Grubman &
Payne LLP against Defendant Edward H. Phillips on Plaintiff’s claims for legal fees and
costs in the amount of $1,072,227.00, pursuant to the terms of the Confession of
Judgment filed on May 18, 2011 (ECF No. 489). It is
FURTHER ORDERED that the Joint Motion For Dismissal Of Counterclaims And
Certain Claims With Prejudice filed May 19, 2011 (ECF No. 491) is GRANTED. In
accordance therewith, all of Phillips' counterclaims against LGP that were asserted in
this Civil Action and all of LGP's claims against Phillips that were asserted in this Civil
Action, other than the claims for legal fees and costs that are the subject of the
confessed judgment in LGP's favor against Phillips, are DISMISSED WITH
PREJUDICE. It is
FURTHER ORDERED that each party shall pay his or its own costs and fees
incurred in this Civil Action. Finally, it is
ORDERED that this Civil Action shall remain open only in order to resolve the
distribution of the funds held in the Registry of the Court for this Civil Action in
accordance with the Confession of Judgment filed on May 18, 2011. After the
distribution of funds has been completed, this case shall be terminated as all claims
have been resolved.

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Dated: May 20, 2011.
BY THE COURT:

s/ Wiley Y. Daniel
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE

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