Cutler et al v. White et al

Filing 198

JUDGMENT: Plaintiffs' Motion for Entry of Judgment with Money Award and Attorney's Fees, ECF 191 , is GRANTED. This Court has reviewed the Settlement Agreement, signed Confession of Judgment, and Defendant Harkins' opposition t o the entry of judgment. The Court finds that there is diversity jurisdiction as the amount in controversy is above $75,000 and complete diversity exists. This Court concludes that entry of judgment is appropriate, and that Plaintiffs are entitled to their reasonable attorney's fees and post-judgment interest. See attached Judgment for further details. Signed on 11/25/2024 by Judge Karin J. Immergut. (jy)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROBERT CUTLER and NANCY
CUTLER, a married couple; and ROBERT
TICE, an individual,

Case No. 3:18-cv-01692-IM
JUDGMENT

Plaintiffs,
v.
TYTUS HARKINS, an individual citizen of
the State of Montana; JASON M. WHITE,
an individual citizen of the State of
Washington; HARTMAN WRIGHT, LLC,
a Washington limited liability company;
HARTMAN WRIGHT GROUP, LLC, a
Colorado limited liability company;
HARTMAN WRIGHT GROUP LLC, a
Georgia limited liability company;
HARTMAN WRIGHT PROJECT
MANAGEMENT, a Colorado limited
liability company; PLEASANT HILL MHP
HOLDINGS, LLC, an unknown entity; and
ONE SIXTEEN GROUP, LLC, a Georgia
limited liability company,
Defendants.
Pursuant to the Confession of Judgment, ECF189, filed by Plaintiffs, and Plaintiffs’
Motion for Entry of Judgment, ECF 191, it is:

ORDERED that Defendants failed to timely make payments when due, or otherwise
failed to perform as agreed in the Settlement Agreement and Plaintiffs were authorized to file the
Confessions of Judgment;
ORDERED that Defendants are responsible and liable for the claims of Plaintiffs as set
forth in Plaintiffs’ Fourth Amended Complaint, more specifically as follows:
a. Defendants engaged in securities fraud pursuant to ORS 59.135 by employing a
scheme to defraud the Plaintiffs by making false statements of material facts,
failing to state material facts necessary to make their statements not misleading,
and by engaging in the course of business that operated as a fraud on the
Plaintiffs;
b. Defendants sold unregistered securities not sold under any exemption;
c. The corporate veil is pierced and Defendants are liable for the default judgments
against the HW companies;
d. Defendants are liable under the terms of the Promissory Notes signed by
Plaintiffs;
e. Defendants engaged in common law fraud by making representations that were
false, misleading, or withheld material facts from the Plaintiffs;
f. Defendants were unjustly enriched;
g. Defendants violated the Uniform Fraudulent Transfers Act by making transfers
with actual intent to hinder, delay, or defraud the Plaintiffs; and
h. Defendants breached their contract with Plaintiff Tice specific to the “Robin’s
Landing MHP”;

PAGE 2 – JUDGMENT

ORDERED that Plaintiffs are entitled to recover the debt agreed upon in the Settlement
Agreement in the amount of $1,000,000.00, minus any payments made as of the entry of this
judgment and Defendants, and any associated entities, shall be jointly and severally liable for the
balance of damages owed to Plaintiffs as set forth below:
Money Award Summary
1. Judgment Creditors:
2. Judgment Debtors:
3.
4.
5.
6.
7.

Principal Judgment:
Attorney’s Fees:
Total Judgment Amount:
Post-Judgment Interest:
Attorneys for Judgment Creditors:

Bob & Nancy Cutler, Robert Tice
Tytus Harkins & Jason M. White
and all associated entities
$911,434.13
$2,100.00
$913,534.13
9%
Scannellaw, LLC; and

ORDERED that this Court shall retain jurisdiction of this matter for the purposes of
enforcing the terms of this Judgment.

DATED this 25th day of November, 2024.
/s/ Karin J. Immergut
Karin J. Immergut
United States District Judge

PAGE 3 – JUDGMENT