Beazer Homes Holdings Corp. v. Coronado West Inc et al

Filing 105

ORDER Granting 101 Motion for a Damages Award Without Hearing or Trial. Beazer Homes Holdings Corp. is entitled to judgment in the amount of $9,854,190.00 against defendants CW Capital Fund One, LLC and Coronado West. Of this amount, $ 4,572,375.00 shall be placed into an interest-bearing escrow account for the benefit of Beazer Homes Holding Corp. with customary instructions to the escrow agent that this escrowed amount upon shall be released to Beazer upon submitted payment applications pursuant to the procedure detailed in the Construction Agreement. Signed by Judge Gloria M. Navarro on 4/7/11. (Copies have been distributed pursuant to the NEF - ASB)

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Beazer Homes Holdings Corp. v. CW Capital Fund One, LLC et al Doc. 105 1 2 3 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 4 BEAZER HOMES HOLDINGS CORP. 5 vs. 6 CW CAPITAL FUND ONE, LLC; CORONADO WEST, INC.; and the FEDERAL 7 DEPOSIT INSURANCE CORPORATION, as Receiver for NEW SOUTH FEDERAL 8 SAVINGS BANK, 9 10 11 Defendants. CASE NO. 2:09-cv-02089-GMN-LRL ORDER ON MOTION FOR A DAMAGES AWARD This matter came before the Court on the Motion for a Damages Award pursuant to Fed. 12 R. Civ. P. 55(b) filed by Plaintiff Beazer Homes Holdings Corp. Being duly advised, the Court 13 now ORDERS that Beazer Homes Holdings Corp. is entitled to judgment in the amount of 14 $9,854,190.10 against defendants CW Capital Fund One, LLC and Coronado West. Of this 15 amount, $4,572,375.00 shall be placed into an interest-bearing escrow account for the benefit of 16 Beazer Homes Holding Corp. with customary instructions to the escrow agent that this escrowed 17 amount upon shall be released to Beazer upon submitted payment applications pursuant to the 18 procedure detailed in the Construction Agreement. 19 20 21 22 23 24 25 26 27 28 ORDERED, ADJUDGED, and DECREED THIS _____ DAY OF ________, 2011. ________________________________ IT IS SO ORDERED this 7th day of April, 2011. _________________________________ Judge United States District Court District of Nevada Gloria M. Navarro United States District Judge Dockets.Justia.com

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