Amtrust Bank et al v. Lewis et al

Filing 57

JUDGMENT in favor of Recoveredge L.P. and against Jonah LLC, Omega Vista, LLC, Rex H. Lewis. Signed by Judge James C. Mahan on 4/17/2014. (Copies have been distributed pursuant to the NEF - SLR)

1 Abran E. Vigil
Nevada Bar No. 7548
2 Timothy R. Mulliner
Nevada Bar No. 10692
3 BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
4 Las Vegas, Nevada 89106-4617
Phone: [phone]
5 Facsimile: [phone]
Email: [e-mail]
6 Email: [e-mail]
7 Attorneys for Plaintiffs/Counter-defendants
UNITED STATES DISTRICT COURT

9

Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617

8

DISTRICT OF NEVADA

10 FDIC as Receiver for AMTRUST BANK,
f/k/a Ohio Savings Bank, a federal savings
11 bank; IOTA VIOLET, LLC, an Arizona
limited liability company; IOTA CORAL,
12 LLC, an Arizona limited liability company;
RECOVEREDGE, LP, a Delaware limited
13 partnership; IOTA CINNAMON, LLC, a
Nevada limited liability company; IOTA RED,
14 LLC, a Nevada limited liability company; and
IOTA ROYAL, LLC, a Nevada limited
15 liability company
16
17

Plaintiffs/Counter-defendants
v.

18 REX H. LEWIS, an individual, CORRALES
PETERS LLC, an Arizona limited liability
19 company; BARTLETT SUNRISE, LLC, an
Arizona limited liability company;
20 COTTONGIN, LLC, a Nevada limited
liability company; MIDWAY CORNMAN,
21 LLC, an Arizona limited liability company;
PEBBLE CIMARRON LLC, a Nevada limited
22 liability company; MESA VERDE, INC., a
Nevada limited liability company; JONAH
23 LLC, a Nevada limited liability company;
REGENA TEEPEE, LLC, a Nevada limited
24 liability company; HH INV, LLC, a Nevada
limited liability company; OMEGA VISTA,
25 LLC, a Nevada limited liability company;
ALPHA VISTA, LLC, a Nevada limited
26 liability company; and DOE DEFENDANTS I
through X, inclusive,
27
Defendants/Counter-claimants
28
DMWEST #10680715

v1/066275.00/00152789

Case No.: 2:10-cv-00439-JCM -VCF
JUDGMENT IN FAVOR OF
RECOVEREDGE, LP

JUDGMENT IN FAVOR OF RECOVEREDGE, LP

1

WHEREAS on March 13, 2014 [Doc. 51], the Court granted summary judgment in

2

3 favor of plaintiff RecoverEdge, LP ("RecoverEdge") on its claim against defendants Rex H.
4 Lewis, Jonah, LLC, and Omega Vista, LLC (“Defendants”), and against all defendants on their
5 counterclaims against RecoverEdge.
6

IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

7

1.

That defendants recover nothing from RecoverEdge;

8

2.

That RecoverEdge recover from Defendants Rex H. Lewis, Jonah, LLC, and

1
9 Omega Vista, LLC the amount of $10,913,087.36. Post-judgment interest shall accrue on this

Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617

10 amount at the applicable rate under 28 U.S.C. § 1961 until paid in full;
11

3.

That RecoverEdge be awarded its costs;

12

4.

That RecoverEdge submit an appropriate motion, if it chooses to do so, for an

13 award of its attorneys’ fees; and
5.

14

That, the Court having entered separate judgments adjudicating the claims,

15 rights, and liabilities of all other parties to this action, this judgment shall be considered a final
2
16 judgment under Fed. R. Civ. P. 54(b) and for all other purposes.

17
IT IS SO ORDERED:

18
19

______________________________________
United States District
UNITED STATES DISTRICT JUDGE
Dated:_______________________
DATED: April 17, 2014

20
21
22
23
24
25
26

1

This amount includes pre-judgment interest at the rate of 5.25%, totaling $2,162,382.97.

2

Iota Jade, LLC was originally a party to this action, however by order of the Court dated
September 12, 2013 [Doc. 50], RecoverEdge was substituted as the real party in interest with
28 respect to the claims originally asserted by this plaintiff. The claims, rights, and liabilities of all
other parties are adjudicated in the other judgments entered on even date herewith.
27

DMWEST #10680715

v1/066275.00/00152789

2