Windmill and Eastern, LLC v. Shakib et al

Filing 54

JUDGMENT in favor of paintiff Windmill and Eastern, LLC and against defendants Nevada K, LLC, Simon Shakib, Zanna Shakib. Signed by Judge Lloyd D. George on 9/29/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WINDMILL & EASTERN, LLC, a Nevada
limited liability company,
Plaintiff,
v.
SIMON SHAKIB, an individual and as the
trustee of the Nevada K, LLC Defined Pension
Plan; ZANNA SHAKIB, an individual and as
trustee of the Nevada K, LLC Defined Pension
Plan; NEVADA K, LLC, a Nevada limited
liability company, and DOES I through X; and
ROE ENTITIES I through X, inclusive,

Case No.: 2:11-cv-01082-LDG -PAL

[Proposed] Judgment

Defendants.

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Pursuant to the Order (docket #52) granting Plaintiff Windmill & Eastern, LLC’s

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Countermotion for Summary Judgment on its declaratory relief claim against Defendants, Simon

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Shakib, individually and as trustee of the Nevada K, LLC Defined Pension Plan, Zanna Shakib,

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individually and as trustee of the Nevada K, LLC Defined Pension Plan, and Nevada K, LLC,

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and for good cause shown, the Court enters judgment as follows:

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Nevada K, LLC

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Defined Pension Plan was not subject to ERISA when defendants pledged Certificate of Deposit

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#3400016756 (“CD”) as partial collateral for a Bank of Nevada loan.

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the CD was not an

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asset of the Nevada K, LLC Defined Pension Plan when defendants pledged it as security for the

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Bank of Nevada loan.

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff did not lose

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its security interest in the CD after the CD was rolled into a new certificate of deposit titled in the

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name of the Nevada K, LLC Defined Pension Plan (“Rollover CD”).

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HARTWELL THALACKER, LTD
11920 Southern Highlands Pkwy
Suite 201
LAS VEGAS,NEVADA 89141
[phone]

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff is entitled to
offset the outstanding debt owed by Defendant Simon Shakib with the Rollover CD.
Dated this ___ day of September, 2014.

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_________________________________
U.S. DISTRICT COURT JUDGE
LLOYD D. GEORGE

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HARTWELL THALACKER, LTD
11920 Southern Highlands Pkwy
Suite 201
LAS VEGAS,NEVADA 89141
[phone]

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