Pricestack, Inc. v. Heart of Sun, LLC et al

Filing 34

ORDER Granting 33 Stipulated/Consent Judgment. IT IS ORDERED that Final judgment is hereby entered in favor of Preflect and against Defendants, jointly and severally, in the amount of $67,500. Signed by Judge Andrew P. Gordon on 12/21/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:22-cv-01447-APG-DJA Document 34 Filed 12/21/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PRICESTACK, INC., a Delaware
corporation,

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Case No.: 2:22-cv-01447-APG-DJA

Plaintiff,

STIPULATED FINAL JUDGMENT

v.
HEART OF SUN, LLC, a Florida
limited liability company; SOPHIA
LIMA, an individual; and NICHOLAS
RUS, an individual,
Defendants.

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Plaintiff Pricestack Inc. dba Preflect (“Preflect”) and Defendants Heart of

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Sun, LLC, Sophia Lima, and Nicholas Rus hereby stipulate to the entry of this

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Order to Release Funds.

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1.

On October 6, 2022, the Court entered a Stipulated Permanent

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Injunction requiring the Defendants, their agents, employees, representatives,

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partners, joint venturers, and anyone acting on behalf of or in concert with the

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Defendants to withdraw or seek reversal of and refrain from submitting or pursuing

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any merchant disputes or receiving any refunds for payments made to Preflect for

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or relating to any charges made on Defendants’ payment cards, including, but not

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limited to, American Express, Discover, Mastercard and Visa, and involving any

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merchant banks or payment processors.

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2.

On October 6, 2022, the parties entered into a Settlement Agreement

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by which Defendants agreed to promptly comply with the Stipulated Permanent

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Injunction and pay Preflect the amount of $67,500 (“Settlement Amount”) by

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November 15, 2022, less any credits to Preflect for reversed merchants disputes

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by November 15, 2022. To the extent that Preflect receives more than $67,500,

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through this process, Preflect agreed to pay the overage to Defendants.

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4.

As of December 6, 2022, the balance due and owing by Defendants

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Case 2:22-cv-01447-APG-DJA Document 34 Filed 12/21/22 Page 2 of 2

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to Preflect was $31,145 (“Settlement Balance”).
5.

On or about December 12, 2022, Defendants informed Preflect that,

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due to the Court’s order in this case, the Defendants’ account with Bank of America

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has been “locked” and, as a result, Defendants cannot release funds of more than

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$23,000 due and owing to Preflect.

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NOW, THEREFORE, the Court orders as follows:

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A.

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Final judgment is hereby entered in favor of Preflect and against

Defendants, jointly and severally, in the amount of $67,500.
B.

To the extent that Bank of America has locked any account owned

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by Defendants as the result of this Court’s order identified above, Bank of America

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may release funds in such account to Preflect, up to the amount of the Settlement

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Balance.

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LEWIS ROCA
ROTHGERBER CHRISTIE LLP

By: /s/ Michael J. McCue
.
Michael J. McCue (SBN: 6055)
3993 Howard Hughes Parkway, #600
Las Vegas, Nevada 89169
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Pricestack, Inc.

SOPHIA LIMA

/s/ Sophia Lima
NICHOLAS RUS
/s/ Nicholas Rus
HEART OF SUN, LLC
/s/ Sophia Lima .
By: Sophia Lima, Member

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IT IS SO ORDERED.

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_______________________________
Andrew P. Gordon
United States District Court Judge

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December 21, 2022
Dated: ______________

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