Feldman Family Trust et al v. Mutual of Enumclaw Insurance Company

Filing 28

PARTIAL SUMMARY JUDGMENT: Mutual of Enumclaw Insurance Company is Entitled to Receive $304,246 of the Final Escrow Amount Along with Attorney's Costs and Fees. Feldman Family Trust, Robert Feldman as Trustee, is Entitled to Whatever Amount Remains in the Final Escrow Account that is in Excess of Mutual of Enumclaw's Attorney's Fees and Costs. Signed by Judge Lloyd D. George on 3/30/2015. (Copies have been distributed pursuant to the NEF - DC)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 FELDMAN FAMILY TRUST, ROBERT FELDMAN AS TRUSTEE, 11 Case No. 2:13-cv-01087-LDG (PAL) Plaintiff, 12 PARTIAL SUMMARY JUDGMENT v. 13 14 MUTUAL OF ENUMCLAW INSURANCE COMPANY, 15 Defendant. 16 17 MUTUAL OF ENUMCLAW INSURANCE COMPANY, 18 Counterclaimant, 19 v. 20 FELDMAN FAMILY TRUST, ROBERT FELDMAN AS TRUSTEE, 21 Counterdefendant. 22 23 24 25 26 This matter came before the Court on the Motion for Summary Judgment (#18) filed by plaintiff-counterdefendant Feldman Family Trust, Robert Feldman as Trustee, and the 1 Motion for Summary Judgment (#19) filed by Mutual of Enumclaw Insurance Company. 2 The Court has granted each motion in part and denied each motion in part as follows: 3 THE COURT ORDERS that Mutual of Enumclaw is entitled to receive $304,246 of 4 the Final Escrow Amount under the terms of the Stock Purchase Agreement, and is 5 entitled to an order instructing Robert Feldman, as Trustee of the Feldman Family Trust, to 6 authorize U.S. Bank to release the amount of $304,246 into Mutual of Enumclaw’s 7 possession. 8 9 10 11 THE COURT FURTHER ORDERS that Mutual of Enumclaw is entitled to attorney’s fees and costs, which amount has not yet been determined, but which amount Mutual of Enumclam is entitled to receive from the funds remaining in the Final Escrow Account. THE COURT FURTHER ORDERS that the Feldman Family Trust, Robert Feldman 12 as Trustee, is entitled to whatever amount remains in the Final Escrow Account that is in 13 excess of Mutual of Enumclaw’s attorney’s fees and costs. 14 15 DATED this ______ day of March, 2015. 16 17 Lloyd D. George United States District Judge 18 19 20 21 22 23 24 25 26 2

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