De Lage Landen Financial Services, Inc. v. Perkins Rowe Associates, LLC et al

Filing 108

CONSENT ORDER on Stipulated Facts and Dismissal with Prejudice of the claims between DLL and Intervenors as set forth in the Settlement Agreement, each party to this Consent Order shall bear its own costs, expenses and attorneys' fees. Signed by Judge James J. Brady on 4/28/2011. (JDL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF LOUISIANA
DE LAGE LANDEN FINANCIAL
SERVICES, INC.,
Plaintiff,
v.
PERKINS ROWE ASSOCIATES LLC,
JTS REALTY SERVICES, L.L.C.;
ECHELON CONSTRUCTION
SERVICES, L.L.C.; JOSEPH T.
SPINOZA,
Defendants

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CIVIL ACTION NO. 09-990

JUDGE JAMES J. BRADY

MAGISTRATE STEPHEN C.
RIEDLINGER

KEYBANK NATIONAL ASSOCIATION
and JONES LANG LASALLE
AMERICAS, INC.,
Intervenors
CONSENT ORDER ON STIPULATED FACTS AND DISMISSAL WITH PREJUDICE
Plaintiff, De Lage Landen Financial Services, Inc. (“DLL”) and Intervenors KeyBank
National Association (“KeyBank”) and Jones Lang LaSalle Americas, Inc. (“JLL”) (KeyBank
and JLL are sometimes collectively referred to as “Intervenors”) have reached a settlement in the
above-captioned litigation via a “Settlement Agreement” by and among DLL, KeyBank and JLL,
and seek the entry of a consent order dismissing with prejudice the claims between DLL and
Intervenors based on the following stipulated facts and agreements:
1.

The DLL Complaint concerns the Master Lease Agreement between Perkins Rowe
Associates, L.L.C. and Cisco Systems Capital Corporation (“Cisco Capital”) dated
October 3, 2007 (the “Cisco Contract”). Cisco Capital is DLL’s predecessor in interest
under the Cisco Contract.

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2.

Pursuant to the Cisco Contract, Cisco Capital was to purchase identified equipment,
goods and software (collectively, for purposes herein, the “Equipment”).

3.

KeyBank has a prior perfected security interest in certain immovable property and
movable property, including the Equipment provided by Cisco Capital/DLL, pursuant to
that certain Amended, Restated and Consolidated Mortgage, Assignment of Rents and
Security Agreement (as amended, “KeyBank’s Mortgage”), recorded July 21, 2006, by
Perkins Rowe Associates, L.L.C. and Perkins Rowe Associates II, L.L.C. in favor of
KeyBank as Agent for current and future holders of the Secured Obligations, as therein
defined.

4.

KeyBank’s Mortgage was filed for recordation with the Clerk of Court and Recorder of
Mortgages for East Baton Rouge Parish, Louisiana at Original 465, Bundle 11861 on July 21,
2006 and affected the property, as defined in KeyBank’s Mortgage (the “Property”).

5.

The Equipment, serving as the communications spine of the Perkins Rowe development,
has been fully integrated and installed into the Property (the “Cisco System”). Its fiber
optic cable is located in building walls, ceiling joists and under the roads of Perkins
Rowe.

6.

DLL and Intervenors agree that the Equipment and the Cisco System are subject to
KeyBank’s Mortgage.

7.

DLL agrees that it will no longer pursue sequestration, seizure, or sale of the Equipment
or the Cisco System at the Property.

8.

As a result of these stipulated facts and agreements, DLL agrees that it will allow the
Equipment and the Cisco System to be retained and used by Intervenors and their
successors and assigns at the Property free and clear of any claims by DLL or any parties
acting by, through or under DLL. DLL will transfer and convey all of its right, title and

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interest in the Equipment to KeyBank and will use its best efforts to transfer all software
needed to operate the Equipment, as set forth in the Settlement Agreement.
9.

Intervenors agree that all payments required under the Settlement Agreement will be
made, and that failure to do so will be considered contempt of this Consent Order.

10.

Based on these stipulated facts and agreements, the parties to this Consent Order agree
that all claims between DLL and Intervenors that were or could have been asserted in this
action are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure
Rule 41. Except as otherwise set forth in the Settlement Agreement, each party to this
Consent Order shall bear its own costs, expenses and attorneys’ fees in connection with
this action.

Signed in Baton Rouge, Louisiana, on April 28, 2011.

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

JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

Agreed to by:

By: /s/ William S. Robbins
Paul Douglas Stewart, Jr. (La. #24661) TA
Brandon A. Brown (La. #25592)
William S. Robbins (La. #24627)
Brooke W. Altazan (La. #32796)
STEWART ROBBINS & BROWN, LLC
247 Florida Street
Post Office Box 66498
Baton Rouge, Louisiana 70896-6498
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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By: /s/ F. Scott Kaiser
Michael D. Hunt (Bar No. 7061)
F. Scott Kaiser (Bar No. 11411)
Shelton Dennis Blunt (Bar No. 21230)
Jonathan C. Benda (Bar No. 17464)
PHELPS DUNBAR LLP
400 Convention Street, Suite 1100
Post Office Box 4412
Baton Rouge, LA 70821-4412
Telephone: [phone]
Email: [e-mail]
[e-mail]

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[e-mail]
[e-mail]
[e-mail]
Attorneys for De Lage Landen Financial
Services, Inc.

[e-mail]
[e-mail]

Janine Cone Metcalf (Admitted pro hac vice)
Samantha R. Mandell (Admitted pro hac vice)
JONES DAY
1420 Peachtree Street, N.E., Suite 800
Atlanta, GA 30309-3053
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for KeyBank National Association

By: /s/ Stephen C. Carleton
Stephen C. Carleton (La. # 14132)
Carleton|Loraso, LLC
9311 Bluebonnet Blvd., Ste. B
Baton Rouge, LA 70810
Email: [e-mail]
Attorneys for Jones Lang LaSalle Americas,
Inc.

Jones Lang LaSalle Americas, Inc., solely in
its capacity as Keeper pursuant to Order dated
July 29, 2009 entered in the action styled
KeyBank National Association v. Perkins
Rowe Associates, L.L.C., et al., Civil Action
No. 09-497-JJB-SCR, in the United States
District Court for the Middle District of
Louisiana

By:

/s/ Rick Balow

Name: Rick Balow
Title: Manager
Date: 4/19/11

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