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: [phone]

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: [phone]

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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: [phone]
Facsimile: [phone]

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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: [phone]
Facsimile: [phone]

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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: [phone]
Facsimile: [phone]

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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: [phone]
Facsimile: [phone]