R & R CAPITAL LLC v. MERRITT et al

Filing 49

ORDER THAT THE COURT FINDS FOR PLAINTIFF R&R CAPITAL, LLC AGAINST LYN MERRITT ON R&R'S CLAIMS FOR RESCISSION OF ITS PURCHASE OF THE HORSE "BY PULPIT, OUT OF LIPSTICK" AND ENTERS A CONDITIONAL VERDICT IN R&R'S FAVOR FOR THE PURCHAS E PRICE OF $150,000.00. THE COURT FINDS FOR DEFENDANT MERRITT AGAINST PLAINTIFF R&R ON MERRITT'S COUNTERCLAIM FOR UNPAID EXPENSES FOR THE HORSES. THE COURT FINDS FOR PLAINTIFF R&R AGAINST DEFENDANT MERRITT ON R&R'S CLAIM FOR REPLEVIN OF THE HORSES "BY MR. GREELEY, OUT OF SPLASHING WAVE," ETC. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 4/17/09. 4/21/09 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED. (ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA R & R CAPITAL, LLC v. LYN MERRITT, et al. : : : : : ORDER AND NOW, this 17th day of April, 2009, following a bench trial held before the Court on October 25 and 26, 2006, IT IS HEREBY ORDERED, for the reasons set forth in a Memorandum of today's date, that: 1. The Court finds for plaintiff R&R Capital, LLC CIVIL ACTION

NO. 06-1554

("R&R") against defendant Lyn Merritt ("Merritt") on R&R's claim for rescission of its purchase of the horse "by Pulpit, out of Lipstick" ("Lipstick/Pulpit") and enters a conditional verdict in R&R's favor for the purchase price of $150,000.00, conditioned upon R&R's surrendering ownership of the horse to Merritt. R&R

shall tender its ownership of Lipstick/Pulpit to Merritt within 30 days of this Order and shall file proof of its tender with this Court. Upon R&R's filing of proof of tender, Merritt shall

be liable to R&R in the amount of $150,000.00. 2. The Court finds for defendant Merritt against

plaintiff R&R on Merritt's counterclaim for unpaid expenses for the horses "by Mr. Greeley, out of Splashing Wave" ("Splashing Wave"), and "by Belong To Me, out of Mambo-Jambo" ("Mambo-Jambo") in the amount of $28,432.76. The Court will not enter a verdict

on this claim at this time, pending the resolution of R&R's Motion for Contempt (Docket No. 37) and Supplemental Motion for Contempt (Docket No. 42). 3. The Court finds for plaintiff R&R against

defendant Merritt on R&R's claim for replevin of the horses "by Mr. Greeley, out of Splashing Wave" ("Splashing Wave") and "by Belong To Me, out of Mambo-Jambo" ("Mambo-Jambo"). The Court

finds that Merritt has a valid possessory lien on Splashing Wave and Mambo-Jambo in the amount of her counterclaim for $28,432.76. The Court finds that R&R would be entitled to a conditional verdict in its favor, awarding it possession of the two horses, conditioned on its satisfaction of Merritt's counterclaim. Court will not enter a verdict on this claim at this time, pending the resolution of R&R's Motion for Contempt (Docket No. 37) and Supplemental Motion for Contempt (Docket No. 42). The

BY THE COURT: /s/ Mary A. McLaughlin MARY A. McLAUGHLIN, J.

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