McEwen v. Accelerated Commercial Consultants et al

Filing 79

ORDER Granting 49 First MOTION for Partial Summary Judgment. Signed by Judge Philip M. Pro on 8/11/10. (Copies have been distributed pursuant to the NEF - ASB)

Case 2:09-cv-02173-PMP-LRL Document 78

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Steven L. Morris, Esq. Nevada Bar No. 7454 Zachariah B. Parry, Esq. Nevada Bar No. 11677 WOODBURY, MORRIS & BROWN 701 N. Green Valley Parkway, Suite 110 Henderson, Nevada 89074 [phone] [e-mail] [e-mail] Attorneys for Plaintiff, McEwen UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JULIE McEWEN, Plaintiff, SUMMARY JUDGMENT Case No. 2:09-cv-02173-PMP-LRL

WOODBURY, MORRIS & BROWN

701 N. Green Valley Parkway, Suite 110 Henderson, Nevada 89074 [phone]g Fax [phone]

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Plaintiff Julie McEwen having submitted a Partial Motion for Summary Judgment, Defendants Accelerated Commercial Consultants, Frank Ulbright, and Terry Pritchett having filed an Opposition, McEwen having filed her Reply, this Court having convened a hearing on August 2, 2010, Zachariah B. Parry, Esq. of the law firm WOODBURY, MORRIS & BROWN having appeared and argued on behalf of McEwen, Frank Ulbright and Terry Pritchett having appeared in proper person, Accelerated Commercial Consultants being unrepresented, the Court having reviewed the papers on file and considering the Motion on its merits, the Court being fully advised, and good cause appearing, the Court finds as follows: McEwen had a valid contract with Accelerated Commercial Consultants, Frank Ulbright, and Terry Pritchett (collectively, "Defendants"). McEwen fully performed on the contract by depositing $450,000 into the Accelerated Commercial Consultants Trust Account, vs.

ACCELERATED COMMERCIAL CONSULTANTS, a Nevada Corporation; FRANK ULBRIGHT, individually; TERRY PRITCHETT, individually; and MARK MASTRANGELO, individually, Defendants.

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and Defendants breached the contract. Wherefore, it is hereby ORDERED, ADJUDGED, AND DECREED that McEwen's Partial Summary Judgment is GRANTED as pertaining to the breach of contract action; It is further ORDERED, ADJUDGED, AND DECREED that Defendants must repay McEwen $450,000.00, plus $1,938.70 in penalties, plus lost interest at $1,316.25 per month ($43.27 per day) starting October 14, 2008 for total pre-judgment interest of $29,769.76, less $13,884.31 in interest already paid, for total interest due as of August 2, 2010 of $15,885.45. The total due as of August 2, 2010 is therefore $467,824.15, with interest continuing to accrue at the agreed-upon rate of $43.27 per day until the judgment is fully paid; It is further ORDERED, ADJUDGED, AND DECREED the Defendants must pay McEwen in full within 30 days of

WOODBURY, MORRIS & BROWN

701 N. Green Valley Parkway, Suite 110 Henderson, Nevada 89074 [phone]g Fax [phone]

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G August 2, 2010, the date the minute order was issued G the date this Order is signed;
It is further ORDERED, ADJUDGED, AND DECREED that in no way does this Order preclude McEwen's right to continue to pursue a claim for breach of contract against Defendants as it pertains to the anticipated returns of $1,350,000.00. IT IS SO ORDERED. 11th Dated this _____ day of August 2010. Respectfully submitted by: WOODBURY, MORRIS & BROWN Steven L. Morris, Esq. Nevada Bar No. 7454 Zachariah B. Parry, Esq. Nevada Bar No. 11677 701 North Green Valley Parkway Henderson, Nevada 89074 Attorneys for Julie McEwen __________________________________ JUDGE PHILIP M. PRO UNITED STATES DISTRICT COURT JUDGE

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