RE: LLS America LLC (Kriegman v. Schultz et al, Adv. Proc. No. 11-80130-PCW11)

Filing 90

JUDGMENT Against Theodore Schultz and Betty Schultz in favor of Bruce P Kriegman, Liquidating Trustee for LLS America, LLC as consolidated; granting 89 Stipulated MOTION for Entry of Judgment. Signed by Chief Judge Rosanna Malouf Peterson. (PL, Case Administrator)

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1 2 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 5 In Re: NO: CV-12-6-RMP 6 LLS AMERICA, LLC, Bankr. Case No. 09-06194-PCW11 Debtor, 7 8 9 BRUCE P. KRIEGMAN, solely in his capacity as court-appointed Chapter 11 Trustee for LLS America, LLC, 10 Adv. Proc. No. 11-80130-PCW11 JUDGMENT AGAINST THEODORE SCHULTZ AND BETTY SCHULTZ Plaintiff, 11 v. 12 THEODORE SCHULTZ, 13 Defendants. 14 15 16 JUDGMENT SUMMARY 1. Judgment Creditor: Bruce P. Kriegman, Liquidating Trustee for LLS America, LLC, as consolidated 17 18 2. Attorneys for Judgment Creditor: Witherspoon Kelley 19 3. Judgment Debtors: Theodore and Betty Schultz 20 JUDGMENT AGAINST THEODORE SCHULTZ AND BETTY SCHULTZ ~ 1 1 4. Attorneys for Judgment Debtors: Foster Pepper, PLLC 3 5. Judgment Amount (Principal): $272,150.00 CAD 4 6. Interest Rate on Judgment: .13% (28 USC § 1961) 2 5 I. STIPULATION 6 Plaintiff Bruce P. Kriegman, solely in his capacity as the Trustee under the 7 Liquidating Trust established pursuant to the confirmed Chapter 11 Plan of LLS 8 America, LLC ("Plaintiff"), by and through his undersigned counsel, Theodore 9 and Betty Schultz, jointly and severally (collectively, "Defendants"), by and 10 through their undersigned counsel, pursuant to the terms of their duly executed 11 settlement agreement, stipulate to the entry of judgment against the Defendants, 12 jointly and severally, in favor of Plaintiff in the principal amount of $272,150.00 13 Canadian dollars, with interest accruing thereon at the United Sates Federal 14 judgment rate pursuant to 28 USC § 1961(a), which is currently .13% per annum 15 to be compounded annually. 16 The Defendants further stipulate pursuant to the terms of their duly 17 executed settlement agreement that this is a final, non-appealable judgment and 18 that they have no rights of any kind to appeal this judgment after the entry thereof. 19 The Defendants further covenant and agree that the Judgment shall be fully 20 enforceable in Canada and waive all rights to contest the Judgment on any basis. JUDGMENT AGAINST THEODORE SCHULTZ AND BETTY SCHULTZ ~ 2 1 Accordingly, the parties’ Stipulated Motion for entry of Judgment, ECF No. 89, is 2 GRANTED. 3 JUDGMENT 4 Based upon the above Stipulation of the parties, IT IS THEREFORE, 5 ORDERED, ADJUDGED AND DECREED that Plaintiff Bruce P. Kriegman, 6 solely in his capacity as the Trustee under the Liquidating Trust established 7 pursuant to the confirmed Chapter 11 Plan of LLS America, LLC, be, and is 8 hereby, awarded judgment against Defendants Theodore and Betty Schultz, jointly 9 and severally, in the principal sum of $272,150.00 Canadian dollars. Interest shall 10 accrue on this judgment at the rate of .13% per annum to be compounded annually 11 pursuant to 28 U.S.C. § 1961. 12 FURTHER ORDERED, ADJUDGED AND DECREED that this judgment 13 is a non-appealable, judgment pursuant to the parties stipulation and the Judgment 14 shall be fully enforceable in Canada and Defendants waive all rights to contest the 15 Judgment on any basis. 16 17 18 19 20 The District Court Executive is hereby directed to enter this Order and to provide copies to counsel and to any pro se defendants. DATED this 29th day of April 2014. s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON Chief United States District Court Judge JUDGMENT AGAINST THEODORE SCHULTZ AND BETTY SCHULTZ ~ 3

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