Holiday Systems International Of Nevada v. Vivarelli, Schwarz and Associates, S.A. de C.V. et al

Filing 105

DEFAULT JUDGMENT in favor of Holiday Systems International of Nevada and against Plaintiff Aaron Schwarz for actual, special and consequential damages in the amount of $1,148,508.17, and for costs in the amount of $9,070.52, jointly and se verally with Defendant Vivarelli, Schwarz & Associate, S.A. de C.V., as set forth in the Bill of Costs filed by HSI pursuant to LR 54-1, for an aggregate judgment amount of $1,157,578.69. HSI is awarded prejudgment interest and statutory interest in the amount of $230,424.60. HSI is awarded post-judgment interest pursuant to 28 U.S.C. § 1961. Signed by Judge Miranda M. Du on 1/30/14. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6

JAMES D. BOYLE,ESQ.
Nevada Bar No. 08384
Email: jbo.~(c~nevadafirm.com
F. THOMAS EDWARDS,ESQ.
Nevada Bar No. 09549
Email: tedwards(a~nevadafirm.com
COTTON,DRIGGS, WALCH,
HOLLEY, WOLOSON & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone: [phone]
702/791-1912
Facsimile:

7
Attorneysfor Plaintiff
8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12

HOLIDAY SYSTEMS INTERNATIONAL OF
NEVADA,d/b/a HOLIDAY SYSTEMS
INTERNATIONAL,a Nevada corporation,

13

15
16
17
18
19

2:10-cv-00471-MMD-(GWF)

[PROPOSED]DEFAULT JUDGMENT
AGAINST DEFENDANT AARON
SCHWARZ

Plaintiff,

14

CASE NO.:

v.
VIVARELLI,SCHWARZ AND ASSOCIATES,
S.A. de C.V., a Mexican corporation; RESORT
SOLUTIONS INC., a Virginia corporation;
ROYAL ELITE VACATIONS,LLC, a Virginia
limited liability company; ROYALE ELITE
EXCHANGES LLC, a Virginia limited liability
company; and AARON SCHWARZ,an
individual,

20
21

THIS MATTER having come before the Court pursuant to Plaintiff Holiday Systems of

22

"HSI Application for Default Judgment Against Defendant Aaron Schwarz (the
")
Nevada's(

23

"Schwarz Application"), and the Court having reviewed the pleadings and papers submitted in

24

support thereof and having granted the Schwarz Application in its entirety (see Dkt. No. 99),

25

now,therefore,
It is hereby ORDERED, ADJUDGED and DECREED that judgment is entered against

26
27

")
(
Defendant Aaron Schwarz "Defendant Schwarz as follows:

28

///

-100007-19/1221665.doc

HSI is hereby awarded actual, special and consequential damages against

1.

1
2

Defendant Schwarz in the total amount of $1,148,508.17 based upon Schwarz's

3

misappropriation and use of HSI's confidential and proprietary assets,

4

interference with HSI's valid and existing contractual relations, and the ongoing

5

and recurrent conversion of monies, incomes and/or revenues due and owing to

6

HSI and the unjust enrichment resultant therefrom, which shall bear prejudgment

7

interest at the statutory allowance of N.R.S. § 17.130 as set forth below.
HSI is hereby awarded its costs incurred in the prosecution of this action against

2.

8
9

Defendant Schwarz in the amount of $9,070.52, jointly and severally with

10

Defendant Vivarelli, Schwarz &Associates, S.A. de C.V., as set forth in the Bill

11

of Costs filed by HSI pursuant to LR 54-1.
HSI is awarded prejudgment interest and statutory interest in the amount of

3.

12

$230,424.60, pursuant to N.R.S. § 17.130.1

13
4.

14

HSI shall recover the aggregate judgment amount of $1,157,578.69 against
Defendant Schwarz, as denoted in Paragraphs 1 — 3 above.

15
5.

16
17

HSI is awarded postjudgment interest pursuant to 28 U.S.C. § 1961.

IT IS SO ORDERED.

18
DATED this

19

30th

day of January, 2014.

20
21
UNITED STATES DISTRICT JUDGE

22
23
24
25
26
27
28

I

The calculation of prejudgment interest pursuant to N.R.S. § 17.130 is made through January 31, 2014.

-200007-19/1221665.doc