RED STAR MORTGAGE CORPORATION v. BRANCH et al

Filing 156

ORDER THAT DEFENDANT JARAMILLO'S MOTION TO STRIKE IS DENIED. DEFENDANT ALLEN BRANCH'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT ALLEN BRANCH AND AGAINST RED STAR MORTGAGE CORPORATION ON ALL CLAIMS. DEFENDANT JARAMILLO'S MOTION TO DISMISS, CONVERTED TO A MOTION FOR SUMMARY JUDGMENT PURSUANT TO THE COURT'S ORDER OF 5/15/17 IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT RICHARD RICK JARAMILLO AND AGAINST PLAINTIFF RED STAR MOR TGAGE ON ALL OF RED STAR'S CLAIMS. THOROFARE'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT THOROFARE CAPITAL, INC. AND AGAINST PLAINTIFF RED STAR MORTGAGE CORPORATION ON ALL OF RED STAR'S CLAIMS AG AINST THOROFARE, AND JUDGMENT IS ENTERED IN FAVOR OF THIRD PARTY PLAINTIFF THOROFARE CAPITAL, INC. AND AGAINST DEFENDANT RICHARD RICK JARAMILLO. THOROFARE SHALL SUBMIT A PETITION FOR ATTORNEY'S FEES AND COSTS TO THE COURT NO LATER THAN 9/5/17; ETC.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/21/17. 8/22/17 ENTERED AND COPIES MAILED TO PRO SE AND UNREPS, E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RED STAR MORTGAGE CORPORATION,
Plaintiff,

CIVIL ACTION

v.
ALLEN BRANCH, BRANCH REALTY
COMMERCIAL ADVISORS,
XACATTACK, LLC, THOROFARE
CAPITAL, INC., RICHARD RICK
JAMARILLO, MICHAEL BRANCH, and
BRANCH REALTY LLC,
Defendants,

NO. 15-6757

v.
DAVID DURAN and STEVE DURAN,
Third-Party Defendants.

ORDER
AND NOW, this 21st day of August, 2017, upon consideration of Defendant Thorofare
Capital, Inc.’s (“Thorofare”) Motion for Summary Judgment (ECF No. 130); Plaintiff’s
Response in Opposition thereto (ECF No. 147); Cross-Claim Defendant Richard Rick
Jaramillo’s Response in Opposition thereto (ECF No. 145); Third-Party Defendants David
Duran’s and Steve Duran’s Responses in Opposition thereto (ECF Nos. 140 and 141);
Thorofare’s Reply in Support thereof (ECF No. 151); Defendant Allen Branch’s Motion for
Summary Judgment (ECF No. 132); Plaintiff’s Response in Opposition thereto (ECF No. 146);
Allen Branch’s Reply in Support thereof (ECF No. 152); Defendant Richard Rick Jaramillo’s
Motion to Dismiss (ECF No. 133); Plaintiff’s Response in Opposition thereto (ECF No. 148);
Allen Branch’s Motion to Strike (ECF No. 152); and Plaintiff’s Response in Opposition thereto

(ECF No. 153), for the reasons set forth in the Court’s Memorandum Opinion of August 21,
2017 (ECF No. 155), IT IS ORDERED that:
(1) Defendant Jaramillo’s Motion to Strike (ECF No. 152) is DENIED;
(2) Defendant Allen Branch’s Motion for Summary Judgment (ECF No. 132) is
GRANTED and JUDGMENT IS ENTERED IN FAVOR of Defendant Allen
Branch and AGAINST Plaintiff Red Star Mortgage Corporation on all claims;
(3) Defendant Jaramillo’s Motion to Dismiss (ECF No. 133), converted to a motion for
summary judgment pursuant to the Court’s order of May 15, 2017 (ECF No. 142), is
GRANTED and JUDGMENT IS ENTERED IN FAVOR of Defendant Richard
Rick Jaramillo and AGAINST Plaintiff Red Star Mortgage Corporation on all of Red
Star’s claims;
(4) Thorofare’s Motion for Summary Judgment (ECF No. 130) is GRANTED.
JUDGMENT IS ENTERED IN FAVOR of Defendant Thorofare Capital, Inc. and
AGAINST Plaintiff Red Star Mortgage Corporation on all of Red Star’s claims
against Thorofare, and JUDGMENT IS ENTERED IN FAVOR of Third-Party
Plaintiff Thorofare Capital, Inc. and AGAINST Defendant Richard Rick Jaramillo
and Third-Party Defendants Steve Duran and David Duran on Thorofare’s claim for
indemnification, attorneys’ fees, and costs.
(5) Thorofare shall submit a petition for attorneys’ fees and costs to the Court no later
than September 5, 2017.

BY THE COURT:

/s/Wendy Beetlestone, J.
_______________________________
WENDY BEETLESTONE, J.

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