Fred D. Haruda et al v. Moulton et al

Filing 35

Order regarding Proposed Form of Order or Judgment 34 . Stipulation and Order Re: Potential Resolution of Dispute. See formal Order. Signed on 2/29/2016 by Judge Ann L. Aiken. (rh)

Gerry Gaydos, OSB No. 764138
Gaydos Churnside & Balthrop, P.C.
440 East Broadway, Suite 300
Eugene, Oregon 97401
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Of Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

FRED D. HARUDA and THE FRED D.
HARUDA REVOCABLE TRUST,
Plaintiffs,

v.

Case No. 6:15-CV-00719

STIPULATION AND ORDER RE:
POTENTIAL RESOLUTION OF
DISPUTE

RICHARD D. MOULTON; DANIEL D.
MOULTON; COLOCO SPRINKLER, INC., a
Colorado Corporation; ADS ENTERPRISES,
LLC, a Colorado Limited Liability
Corporation; and WTSD, LLC, a Colorado
Limited Liability Corporation,
Defendants.
Pursuant to the Stipulation and Order Re: Abeyance of Discovery and Pretrial Deadline
("Order"), Defendants have provided information and an accounting to Plaintiffs, the parties
have conferred regarding the accounting and have been unable to agree upon th.e adequacy of the
accounting and the documents that are necessary to supplement the accounting and the parties
have not been able to engage in negotiations regarding a potential resolution of the case.

1 - STIPULATION AND ORDER RE: POTENTIAL RESOLUTION OF DISPUTE

Pursuant to the Order, the parties request the assistance of a Settlement Judge and the scheduling
of a Judicial Settlement Conference. To facilitate potential resolution, and avoid unnecessary
costs and accounting, the Settlement Judge shall set a deadline for production of the accounting
and documents and will determine the adequacy of the accounting and schedule a Settlement
Conference.

IT IS HEREBY ORDERED AS FOLLOWS:
1.

Magistrate Thomas Coffin shall schedule a Settlement Conference and shall

resolve all disputes regarding the adequacy of the accounting and information· provided by
Defendants.
2.

Defendants shall supplement the accounting, to show all sums deposited by

Plaintiffs, or either of them, or on Plaintiffs' behalf, the withdrawal of such sums by any means,
which accounting shall include copies of checks, deposit slips and bank statements, debit card
withdrawals, counter withdrawals, wire transfers for the following bank accounts from the
inception of such accounts to the present, except as otherwise provided:
(a)

ADS Enterprises, LLC, a Colorado limited liability company ("ADS");

(b)

WTSD, LLC, a Colorado limited liability company ("WTSD");

(c)

Including deposits by ADS into the WTSD account;

(d)

Any bank account owned by Defendants into which funds were deposited
and/or transferred from ADS, WTSD, the Fred D. Haruda Revocable
Trust and/or Fred Haruda. As to the personal accounts of Richard D.
Moulton and/or Daniel D. Moulton, the requested documents are not
required from the inception of such accounts, but limited to the bank
accounts described in this Paragraph 2( d), which documents, if any, shall

2 - STIPULATION AND ORDER RE: POTENTIAL RESOLUTION OF DISPUTE

be modified in a manner to show only relevant deposits or transfers and all
other information shall be redacted; and
(e)

All parties agree to ho Id all of the information in confidence and not use or

disclose the information, except to assist in the settlement of the above-captioned
matter.
4.

Defendants shall also provide an accounting for any other deposits in the above-

described bank accounts that were not made by Plaintiffs.
5.

The above shall be provided to Plaintiffs on or before March 25, 2016, 2016. If

Plaintiffs determine that the accounting and information continues to be inadequate, Plaintiffs
shall file a motion with Magistrate Coffin, who shall resolve any disputes regarding adequacy of
the accounting and schedule the Settlement Conference.
DATED:

-eJ:IIE* JUDGE ANN L. AIKEN
IT IS SO STIPULATED,

GAYDOS CHURNSIDE & BALTHROP, P.C.

By:/s/Gerry Gaydos
Gerry Gaydos, OSB No. 764138
Of Attorneys for Defendants

LANE POWELL, P.C.

By:/s/David G. Hosenpud
David G. Hosenpud, OSB No. 832414
Of Attorneys for Plaintiffs
3 - STIPULATION Ai"TD ORDER RE: POTENTIAL RESOLUTION OF DISPUTE