Contrada, Inc. v. Parsley et al

Filing 178

AMENDED FINAL JUDGMENT re: 168 by Clerk on 12/06/12. Approved as to form by Chief Judge Daniel (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-00646-WYD-CBS
CONTRADA, INC.,
Plaintiff,
v.
ROBIN L. PARSLEY and
N SKY LIVING, INC., a Texas corporation,
Defendants.

AMENDED FINAL JUDGMENT

Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the Order, filed on
May 16, 2012, by the Honorable Wiley Y. Daniel, Chief United States District Judge,
and incorporated herein by reference as if fully set forth, it is
ORDERED that Defendants’ counterclaims Civil Conspiracy; Intentional
Interference with Contract and Prospective Business Relations; and Breach of the
Covenant of Good Faith and Fair Dealing are eliminated from the Final Pretrial Order
entered September 6, 2011 [ECF Doc. No. 87].
THIS MATTER came before the Court and a jury of ten duly sworn to try the
matter on June 4, 2012, the Honorable Wiley Y. Daniel, United States District Judge,
presiding. On June 7, 2012, the Court granted Plaintiff’s oral motion for judgment as a
matter of law and dismissed Defendants' counter-claims of fraud in the inducement and
breach of fiduciary duty. On June 8, 2012, the jury returned its verdict as follows:
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Verdict Form
PLAINTIFF CONTRADA, INC.'S CLAIMS AGAINST
DEFENDANT ROBIN L. PARSLEY
1.

Do you find by a preponderance of the evidence that the defendant, Robin

Parsley, breached a contract with the plaintiff, Contrada, Inc.?
YES
If you answer "Yes" to Question No. 1, proceed to Question No. 2. If you answer
"No" to Question No. 1, you have found for the Defendant. Proceed to sign and date
the verdict form.
2.

Do you find by a preponderance of the evidence that the defendant, Robin

Parsley, is not liable for breach of contract based on his defense of fraud in the
inducement?
NO
3.

Do you find by a preponderance of the evidence that the defendant, Robin

Parsley, is not liable for breach of contract based on his defense of estoppel?
NO
If you answered "No" to both Question No. 2 and Question No. 3, proceed to
Question No. 4. If you answered "Yes" to either Question No. 2 or Question No. 3, you
have found for the Defendant. Proceed to sign and date the verdict form.
4.

What amount of damages is the plaintiff, Contrada, Inc., entitled to from

the defendant, Robin Parsley, for his breach of contract? Do not include attorney's fees.
Damages:

$975,000.00

IT IS THEREFORE
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ORDERED that judgment is hereby entered in favor of Plaintiff, Contrada, Inc.,
and against Defendant, Robin L. Parsley, in the total amount of $975,000.00 on
Plaintiff’s breach of contract claim. It is further
ORDERED that post-judgment interest shall accrue on the total amount of
$975,000.00 at the legal rate of 0.18% per annum from the date of entry of the original
final judgment. It is further
ORDERED that Plaintiff shall have its costs by the filing of a Bill of Costs with the
Clerk of this Court within fourteen (14) days of entry of the original final judgment.
DATED at Denver, Colorado this 6th day of December, 2012.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK

s/ Edward P. Butler
Edward P. Butler,
Deputy Clerk
APPROVED AS TO FORM:

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

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