Branch Banking and Trust Company vs Jones/Windmill, LLC, et al.

Filing 169

JUDGMENT. ORDERED that on February 29, 2012, the date of the trustee's sale, taking the amount of the indebtedness ($1,128,641.98) and providing Defendants credit for the fair market value of the subject property ($438,648.25) on s aid date, which is higher than the trustee's sale price ($296,000.00), the amount of the deficiency owed by Defendants to Plaintiff on February 29, 2012 was $689,993.73.FURTHER ORDERED that as of June 23, 2016 (1576 days from the tr ustee's sale), the deficiency amount is $908,990.07, comprised of principal in the amount of $689,993.73 and accrued interest in the amount of $218,996.34, which was calculated pursuant to a default interest rate of 7.25%. That deficiency amount shall accrue interest at the per diem rate of $138.96 until the date of this judgment.FURTHER ORDERED that judgment is entered in favor of plaintiff BRANCH BANKING AND TRUST COMPANY and against JONES/WINDMILL, LLC, YOEL INY, NOAM SCHWARTZ, Y & T INY FAMILY TRUST dated June 8, 1994, NOAM SCHWARTZ TRUST dated August 19, 1999, and D.M.S.I., LLC, jointly and severally, in the amount of $908,990.07.FURTHER ORDERED that interest shall accrue at the legal rate fro m the date of judgment until the judgment is paid in full. FURTHER ORDERED that plaintiff Branch Banking and Trust is entitled to reasonable attorneys fees and costs in the amount to be determined by the court. If Branch Banking and Trust Company seeks to recover those fees and costs, it shall file a motion with appropriate documentation within 14 days of entry of this judgment. Signed by Judge James C. Mahan on 7/7/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:12-cv-00452-JCM-GWF Document 168 Filed 06/23/16 Page 1 of 2

1 Jeremy J. Nork, Esq.
Nevada Bar No. 4017
2 Nicole E. Lovelock, Esq.
Nevada Bar No. 11187
3 HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
4 Las Vegas, Nevada 89134
702-669-4600
5 702-669-4650 – fax
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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HOLLAND & HART LLP
9555 HILLWOOD DRIVE, 2ND FLOOR
LAS VEGAS, NEVADA 89134

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DISTRICT OF NEVADA

12 BRANCH BANKING AND TRUST
COMPANY, a North Carolina banking
13 corporation,
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CASE NO. 2:12-cv-00452-JCM-GWF

Plaintiff,

15 v.

JUDGMENT

16 JONES/WINDMILL, LLC, a Nevada limited
liability company; YOEL INY, an individual;
17 NOAM SCHWARTZ, an individual; YOEL
INY, Trustee of the Y & T INY FAMILY
18 TRUST dated June 8, 1994, as amended; NOAM
SCHWARTZ, Trustee of the NOAM
19 SCHWARTZ TRUST dated August 19, 1999;
D.M.S.I., LLC, a Nevada limited liability
20 company; and DOES 1 through 10, inclusive.
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Defendants.

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Based upon the previous orders of the Court that include Dkts. 97, 147, and 167, which
are incorporated herein by reference:

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IT IS HEREBY ORDERED AND ADJUDGED that on February 29, 2012, the date

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of the trustee’s sale, taking the amount of the indebtedness ($1,128,641.98) and providing

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Defendants credit for the fair market value of the subject property ($438,648.25) on said date,

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Case 2:12-cv-00452-JCM-GWF Document 168 Filed 06/23/16 Page 2 of 2

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which is higher than the trustee’s sale price ($296,000.00), the amount of the deficiency owed

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by Defendants to Plaintiff on February 29, 2012 was $689,993.73.

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IT IS FURTHER ORDERED AND ADJUDGED that as of June 23, 2016 (1576 days

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from the trustee’s sale), the deficiency amount is $908,990.07, comprised of principal in the

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amount of $689,993.73 and accrued interest in the amount of $218,996.34, which was

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calculated pursuant to a default interest rate of 7.25%. That deficiency amount shall accrue

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interest at the per diem rate of $138.96 until the date of this judgment.

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IT IS FURTHER ORDERED AND ADJUDGED that judgment is entered in favor of
plaintiff

BRANCH

BANKING

AND

TRUST

COMPANY

and

against

JONES/WINDMILL, LLC, YOEL INY, NOAM SCHWARTZ, Y & T INY FAMILY

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HOLLAND & HART LLP
9555 HILLWOOD DRIVE, 2ND FLOOR
LAS VEGAS, NEVADA 89134

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TRUST dated June 8, 1994, NOAM SCHWARTZ TRUST dated August 19, 1999, and

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D.M.S.I., LLC, jointly and severally, in the amount of $908,990.07.

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IT IS FURTHER ORDERED AND ADJUDGED that interest shall accrue at the
judgment
legal rate from the date of judgment until the judgment is paid in full.

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IT IS FURTHER ORDERED AND ADJUDGED that plaintiff Branch Banking and

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Trust is entitled to reasonable attorneys’ fees and costs in the amount to be determined by the

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court. If Branch Banking and Trust Company seeks to recover those fees and costs, it shall file

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a motion with appropriate documentation within 14 days of entry of this judgment.

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_________________________________
James Mahan
United States District Judge

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Dated: July 7, 2016

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