GE Commercial Distribution Finance LLC v. Duffy's Outdoor Power Equipment

Filing 23

ORDER on Notice of Settlement, by Judge Christine M. Arguello on 4/6/2016. (vbarn)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLORADO
Judge Christine M. Arguello

Case No 15-cv-02468-CMA-GPG
GE COMMERCIAL DISTRIBUTION FINANCE LLC,
a Delaware limited liability company
Plaintiff
v.
DUFFY’S OUTDOOR POWER EQUIPMENT,
a Colorado limited liability company
Defendant.

ORDER ON NOTICE OF SETTLMENT

Having reviewed the Notice of Settlement and Request for Entry of Agreed Final
Judgment (Doc. #21), signed by the parties, and finding that good cause supports the
same, the Court finds as follows:
1.

The Court has jurisdiction of the parties and subject matter of this suit.

2.

Unless otherwise defined, all capitalized terms used herein shall have the

same meaning as those in the Complaint.
3.

On November 9, 2015, CDF filed the underlying Complaint, which, among

other things, sought replevin and final possession of CDF’s Collateral, including
Inventory Collateral, as well as a temporary order to preserve property. Damages
related to the CDF indebtedness and CDF Security Documents are not presently sought
through this action as they are subject to arbitration.

4.

On November 12, 2015, the Court entered an Order to Show Cause and

Preserve Property which directed Defendant Duffy’s Outdoor Power Equipment
(“Defendant”) to appear on November 20, 2015, and show cause why CDF should not
be awarded immediate possession of the Inventory Collateral.
5.

A copy of the summons, complaint, Order to Show Cause and all other

papers and motions filed by CDF were served on Defendant on November 12, 2015.
6.

On November 19, 2015, Defendant agreed to voluntarily surrender

possession of the Inventory Collateral to CDF.
7.

On November 20, 2015, CDF, through counsel, appeared at the show

cause hearing and explained that Defendant had agreed to surrender possession of the
Inventory Collateral, but requested that the Court grant CDF an Order of Possession to
ensure that Defendant would follow through with surrendering possession of the
Inventory Collateral. CDF provided the Court with a copy of the Voluntary Surrender
agreement signed by Defendant. [See Dkt. #12]. Defendant did not appear.
8.

On November 25, 2015, the Court entered a Prejudgment Order for

Possession after Hearing (the “Possession Order”) in favor of CDF and against Dealer.
9.

On December 7, 2015, CDF, with the aid of the Mesa County Sheriff

pursuant to the Possession Order, recovered possession of the Inventory Collateral
from Defendant.
10.

Defendant does not dispute that CDF is entitled to final and permanent

possession of the Collateral, including that Inventory Collateral recovered pursuant to

the Possession Order and consents to the Court entering a judgment thereon in favor of
the CDF.

It is therefore

ORDERED that Plaintiff GE Commercial Distribution Finance LLC shall have
judgment over and against Duffy’s Outdoor Power Equipment, for final and permanent
possession of its Collateral, including the Inventory Collateral recovered pursuant to the
Court’s Prejudgment Order for Possession After Hearing, and may exercise its rights in
same, including its right of disposition, in accordance with the Security Documents and
applicable law. It is
FURTHER ORDERED that this matter is fully and finally resolved. It is
FURTHER ORDERED each party to pay its own attorneys’ fees and costs.
DATED: April 6, 2016
BY THE COURT:
__________________________________
CHRISTINE M. ARGUELLO
United States District Judge