Thompson et al v. Walker et al

Filing 57

Judgment. Signed on 12/15/2010 by Judge Anna J. Brown. See attached. (bb)

UNITED STATES DISTRICT COURT for the DISTRICT OF OREGON CHRIS E. THOMPSON, trustee of the Grizzly) Civil Action No. 3:09-CV-508-JE Peak Investors, Inc. Defined Benefit ) Retirement Plan, PETER M. SCHARFF, an ) individual, ) ) JUDGMENT Plaintiffs, )

)
)

v.

TIMOTHY WALKER, an individual, LINDA ) SMITHIES-WALKER, an individual, PUGET ) SOUND IRON WORKS, INC., a Washington ) corporation, SEAPORT DEVELOPMENT, ) LLC, a Washington limited liability ) company, )

)

)
Defendants. )

-------------------------)
This action was determined on summary judgment and the following decision was reached: It is ordered that the plaintiff, Peter M. Scharff, for himself and as successor trustee of the Grizzly Peak Investors, Inc. Defined Benefit Retirement Plan ("Plaintiff'), recover from the defendants, Timothy Walker, Linda Smithies-Walker, Puget Sound Iron Works,

.

$/)/{,,5)177./7

Dtce~LS-, UJ/O)
~mGeF

Inc., and Seaport Development, LLC ("Defendants"), the amount of.$1,152,252.10 as of 19, 20ħe, with prejudgment and postjudgment interest accruing at 35%, or

$497.12 per day until paid, along with costs. 1- JUDGMENT
(8593·03·00044278·3)
Powers. McCulloch & Bennett. UP 1300 SW Fifth Avenue, Suite 1720 Portlalld. OR 97201-5637

503·228·8588 503·228·0057

It is further ordered that Plaintiff is transferred and assigned all of Defendants' rights, title, and interest in and to all rights in connection with a request for an equitable adjustment with a project which Defendants had with Lake Oswego High School involving general contractor Robinson Construction Co., including but not limited to all of Defendants' rights, title, and interest in the lawsuit of Robinson Construction Co. v. Lake Oswego School Dist. No. 7J, Multnomah County Case No. 0706-06302 (the "Lawsuit"), in the contract entered on or about October 1, 2008, by and between Puget Sound Iron Works and Robinson Construction Co. (the "Contract"), and in any proceeds and/or settlement proceeds from the Lawsuit and the Contract. It is further ordered that Plaintiff is awarded attorney fees, expenses, and costs incurred in these proceedings and in collection of the debt, in an amount to be determined pursuant to FRCP 54. DATED this

IS

day of

DGce~, 2010.

An~~
United States District Judge

Submitted By: Corey Tolliver, OSB #075500 [e-mail] Powers, McCulloch & Bennett, LLP 1300 SW Fifth Avenue, Suite 1720 Portland, OR 97201 Telephone: [phone] Facsimile: 503-228-0057 Of Attorneys for Plaintiffs.

2 - JUDGMENT
(8593-03-00044278-3j

Powers. McCulloch & BeJ1l1ett LLP
1300 SW Fifth A venue, Suite 1720

Portland, OR 97201-5637 503-228-8588 503-228-0057