Glasser et al v. Blixseth et al

Filing 144

ORDER AND JUDGMENT in favor of Brian A. Glasser against Desert Ranch LLLP. ORDERED AND ADJUDGED: Plaintiff Glasser, as Trustee of the Yellowstone Club Liquidating Trust, is awarded judgment against Defendant Desert Ranch LLLP only as to County 1 of the Complaint in the principal amount of $174,414,342.00 USD. Prejudgment interest on the claim is waived. Post-judgment interest will accrue at the rate specified in 28 USC Section 1961 from and after the date of entry of judgment. the judgmen t entered is limited to judgment against Desert Ranch LLLP only on the amount of $174,414,342.00 USD without prejudgment interest. Such judgment shall not for any purpose be deemed to be or considered as a final judgment subject to appellate re view or from which post judgment relief may be sought unless and until final judgment has been entered on all claims pending against Defendants Desert Ranch Management LLC, Timothy Blixseth, Beau Blixseth and Thornton Byron LLP. Signed by Judge Sam E Haddon on 10/13/2017. (ELL)

FILED
OCT 13 2017
IN THE UNITED STATES DISTRICT COURT

Clerk, l:J.S. District Court
Drstnct Of Montana
Helena

FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
In re:
YELLOWSTONE MOUNTAIN
CLUB, LLC, et al,

CV 15-40-BU-SEH
Bankruptcy No. 08-61570-11

Debtors.
Adversary No. 10-00015
BRIAN A. GLASSER, AS TRUSTEE
OF THE YELLOWSTONE CLUB
LIQUIDATING TRUST,
Plaintiff,
vs.
DESERT RANCH LLLP, a Nevada
limited liability limited partnership;
DESERT RANCH MANAGEMENT
LLC, a Nevada limited liability
company; TIMOTHY BLIXSETH, an
individual; BEAU BLIXSETH, an
individual; THORNTON BYRON
LLP, an Idaho limited liability
partnership; GEORGE MACK, an
individual; JOHN DOES 1-100; and
XYZ CORPS. 1-100,
Defendants.

ORDER AND JUDGMENT

It appearing to the Court that the Plaintiff Brian A. Glasser ("Glasser"),

Successor Trustee of the Yellowstone Club Liquidation Trust, and Helen R.
Frazer, Chapter 7 Trustee for Desert Ranch LLLP, have stipulated to entry of
judgment against Defendant Desert Ranch LLLP as to Count I of the Complaint. 1
ORDERED AND ADJUDGED
Plaintiff Glasser, as Trustee of the Yellowstone Club Liquidating Trust, is
awarded judgment against Defendant Desert Ranch LLLP only as to Count I of the
Complaint in the principal amount of $174,414,342.00 USD. Prejudgment interest
on the claim is waived. Post-judgment interest will accrue at the rate specified in
28 U.S.C. § 1961 from and after the date of entry of judgment.
The judgment entered is limited to judgment against Desert Ranch LLLP
only in the amount of $174,414,342.00 USD without prejudgment interest. Such
judgment shall not for any purpose be deemed to be or considered as a final
judgment subject to appellate review or from which post judgment relief may be
sought unless and until final judgment has been entered on all claims pending
against Defendants Desert Ranch Management LLC, Timothy Blixseth, Beau

1

Doc.2.
2

Blixseth and Thornton B~ LLP.
DATED this

/3

day of October, 2

United States District Judge

3