Zazzali v. Swenson et al
Filing
397
AMENDED ORDER ON REPORT AND RECOMMENDATION. Signed by Judge Marsha J Pechman. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JAMES R. ZAZZALI, as Trustee for the
DBSI Estate Litigation Trust and as
Trustee for the DBSI Private Actions
Trust,
Case No. 1:12-CV-224-S-MJP
AMENDED ORDER ON REPORT AND
RECOMMENDATION
Plaintiff,
v.
DOUGLAS L. SWENSON; CHARLES
HASSARD; JOHN M. MAYERON;
WALTER E. MOTT; FARRELL
BENNETT; JOHN D. FOSTER;
THOMAS VAR REEVE; GARY
BRINGHURST; JEREMY SWENSON;
DAVID SWENSON; MICK &
ASSOCIATES PC LLO, BRYAN S.
MICK; JOHN DOE 1-50; and XYZ
CORPORATION 1-50,
Defendants.
This matter comes before the Court on the Report and Recommendation (R&R) of
Magistrate Judge Mikel H. Williams (Dkt. No. 366) on Plaintiff’s motion for summary
judgment (Dkt. No. 211), the motion of Defendants’ for Civil Rule 56(d) relief (Dkt. Nos.
319-21). Only Defendant Douglas Swenson filed any objections to the R&R. (Dkt. No.
389). Having reviewed the R&R, the objections, the response, and all related papers, the
Court incorporates and adopts the R&R but modifies it as follows:
1. Plaintiff’s motion for summary judgment (Dkt. No. 211) is GRANTED in Part and
DENIED in part. The Court GRANTS summary judgment to Plaintiff as to the
Order- 1
issue of Defendants’ personal liability. The Court however DENIES the motion as
to the amount Defendants are personally liable. While the record before the Court
shows the Defendants may be liable up to $196,689,254 (one hundred ninety-six
million six hundred eighty-nine thousand two hundred fifty-four dollars), the
amount for any offset or credit properly attributed to the assets held in the
Liquidating Trust is unknown.
2. Because outstanding issues of fact exist as to the offset or other credits, the Court
GRANTS Defendant Mayeron’s motion for conditional Rule 56(d) relief (Dkt. No.
319-20) so that Defendants may retain experts and depose Paul Judge in
accordance with the Court’s scheduling order.
The clerk is ordered to provide copies of this order to all counsel.
Dated November 27, 2013.
A
Chief United States District Judge for the
Western District of Washington
Sitting by Special Designation
Order- 2
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