California Bank & Trust v. Shilo Inn Moses Lake Inc et al
Filing
201
ORDER FOR DISMISSAL WITHOUT PREJUDICE SUBJECT TO REOPENING signed by Senior Judge Lonny R. Suko. (CC, Case Administrator)
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Eric D. Lansverk, WSBA #17218
Joseph A.G. Sakay, WSBA #24667
HILLIS CLARK MARTIN & PETERSON P.S.
1221 Second Avenue, Suite 500
Seattle, Washington 98101-2925
Telephone: (206) 623-1745
THE HONORABLE LONNY R. SUKO
Hal Mark Mersel
Kerry Moynihan
(Admitted Pro Hac Vice)
BRYAN CAVE LLP
3161 Michelson Drive, Suite 1500
Irvine, CA 92612
Telephone: (949) 223-7000
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Attorneys for Plaintiff California Bank & Trust
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
AT SPOKANE
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CALIFORNIA BANK & TRUST, as
assignee of the Federal Deposit
Insurance Corporation, as receiver for
Vineyard Bank, a California banking
corporation,
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Case No. 2:12-CV-00161 LRS
ORDER FOR DISMISSAL
WITHOUT PREJUDICE SUBJECT
TO REOPENING
Plaintiff,
v.
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SHILO INN, MOSES LAKE, INC., a
Washington corporation; MOSES
LAKE FOOD MART, INC., a
Washington corporation; and KOHLI
INVESTMENT, INC., d/b/a Sunval
Express, a Washington corporation,
Defendants.
Order for Dismissal - 1
HILLIS CLARK MARTIN & PETERSON P.S.
1221 Second Avenue, Suite 500
Seattle, Washington 98101-2925
Telephone: (206) 623-1745
Facsimile: (206) 623-7789
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Having read and considered the Stipulation for Dismissal Without
Prejudice Subject to Reopening submitted by Plaintiff California Bank & Trust (the
“Plaintiff” or “CB&T”) and Defendant Shilo Inn, Moses Lake, Inc. (“Borrower”),
the Court finds the following:
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A.
On January 22, 2015, this Court entered the Amended Order re
Pending Motion (the “Order”) (ECF No. 154) granting the motion brought by
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Plaintiff California Bank & Trust as assignee of the Federal Deposit Insurance
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Corporation, as receiver for Vineyard Bank, a California banking Corporation
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(“CB&T” or “Plaintiff”) for partial summary judgment for judicial foreclosure. The
Order also dismissed the counterclaims of Shilo Inn, Moses Lake, Inc. (the
“Borrower”).
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B.
That same day, this Court entered a Judgment in a Civil Action
dismissing Borrower’s counterclaims.
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C.
On January 23, 2015, this Court entered an Amended Order re:
Pending Motions (ECF No. 156), to fix a typographical error.
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D.
On January 30, 2015 this Court issued a Writ of Execution for the sale
of the real and personal property.
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Order for Dismissal - 2
HILLIS CLARK MARTIN & PETERSON P.S.
1221 Second Avenue, Suite 500
Seattle, Washington 98101-2925
Telephone: (206) 623-1745
Facsimile: (206) 623-7789
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E.
Plaintiff and the Borrower have reached a Settlement Agreement that
provides, among other things, for certain actions to be taken by the Borrower,
including the payment of funds to Plaintiff.
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ACCORDINGLY, it is hereby ORDERED, ADJUDGED, AND DECREED
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THAT:
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1.
Plaintiff’s claims in this case are hereby DISMISSED WITHOUT
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PREJUDICE AND SUBJECT TO REOPENING;
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2.
If the Borrower fails to meet any of the obligations set forth in the
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Settlement Agreement, counsel for Plaintiff is authorized to file the Stipulation Re:
Reopening Proceedings attached hereto as Exhibit 1 so that this proceeding shall be
reopened;
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3.
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All previous orders and rulings remain in full force and effect upon
reopening;
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4.
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After the reopening of this proceeding, counsel for Plaintiff is
authorized to file for entry by the Court the Writ of Execution attached hereto as
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Ex. 2, the Stipulation for Order Appointing Receiver attached hereto as Exhibit 3,
and declaration by a CB&T representative on the form attached hereto as Exhibit 4;
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and
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Order for Dismissal - 3
HILLIS CLARK MARTIN & PETERSON P.S.
1221 Second Avenue, Suite 500
Seattle, Washington 98101-2925
Telephone: (206) 623-1745
Facsimile: (206) 623-7789
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5.
After the reopening of this proceeding and after completion of the
foreclosure sale, counsel for Plaintiff is authorized to obtain a Judgment pursuant to
the terms of the Court’s Amended Order on January 23, 2015.
IT IS SO ORDERED.
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DATED this 15th day of June, 2015.
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____________________________________
s/ Lonny R. Suko
The Honorable Lonny R. Suko
U.S. District Court Judge
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Order for Dismissal - 4
HILLIS CLARK MARTIN & PETERSON P.S.
1221 Second Avenue, Suite 500
Seattle, Washington 98101-2925
Telephone: (206) 623-1745
Facsimile: (206) 623-7789
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