Wells Fargo Capital Finance, Inc. v. North Pacific Group, Inc. et al

Filing 670

Final Judgment Of Dismissal Of Claims Of Plaintiff Wells Fargo Capital Finance, Inc ORDER AND ADJUDGED that all claims of Plaintiff Wells Fargo Capital Finance, Inc., against the defendants are dismissed without prejudice and without costs, disbursements, or attorney fees 669 . Signed on 1/30/12 by Judge Garr M. King. (cib)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
WELLS FARGO CAPITAL FINANCE,
INC., fonnerly known as Wells Fargo
Foothill, Inc., a California corporation, as
Administrative Lender and Agent on behalf
of itself, Bank of America, N .A., and The
CIT Group/Business Credit, Inc.,

CV No. 10-cv-00065 KI
FINAL JUDGMENT OF DISMISSAL OF
CLAIMS OF PLAINTIFF WELLS FARGO
CAPITAL FINANCE, INC.
[P I

d]

Plaintiff,

v.
NORTH PACIFIC GROUP, INC., an
Oregon corporation; NOR PAC
ENTERPRISES, INC., an Oregon
corporation; RTH LUMBER CO., an
Oregon corporation; and BURNS
HOLDINGS, INC., a dissolved Oregon
corporation
Defendants.

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Final Judgment of Dismissal of Claims of Plaintiff Wells Fargo Capital Finance. Inc.
[Proposed]

PDXDOCS:1935707.3

This judgment is based on the Stipulation For Judgment of Dismissal of Claims of
Plaintiff Wells Fargo Capital Finance, Inc. Pursuant to Fed. R. Civ. P. 54(b), the court expressly
determines that there is no just reason for delay and directs that this judgment is a final judgment.
The court relies on the facts of this case and the authority of Securities and Exchange
Commission v. Capital Consultants LLC, 453 F.3d 1166, 1174-75 (9th Cir. 2006), which shows
that in the receivership context entry of a final judgment pursuant to Fed. R. Civ. P. 54(b)
provides a party such as the plaintiff with the finality it is entitled to while permitting the
receiver to proceed with making distributions pursuant to a distribution plan.
NOW, THEREFORE, it is hereby
ORDER AND ADJUDGED that all claims of PI aintiff Wells Fargo Capital
Finance, Inc., against the defendants are dismissed without prejudice and without costs,
disbursements, or attorney fees.
DATED

/-~- W( 2--;2012.

Gim M. King
U.S. District Court Judge

/

Submitted by:
Teresa H. Pearson, OSB No. 953750
Bruce A. Rubin, OSB No. 763185
MILLER NASH LLP
Attorneys for Plaintiff

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Final Judgment of Dismissal of Claims of Plaintiff Wells Fargo Capital Finance, Inc.
[Proposed]

PDXDOCS:1935707.3